Workers’ Compensation In the News #12: Will Workers’ Compensation Deliver For The UPS Drivers’ Family?

A horrible accident occurred in San Diego, California.  A UPS Driver was killed when a twin engine aircraft crashed their vehicle.  It appears that a doctor, who owned the plane, may have been piloting the plane on a commute.

Is This a Workers’ Compensation Claim?

Assuming that the UPS Driver was “on the clock” and on their route, this accident would be considered a workers’ compensation claim.   As the individual passed, this would be a death claim.

If the driver had dependents, i.e spouse or children, they would be able to receive death benefits.   The amount of death benefit depends on the nature of the dependency.  These factors include both factual and legal issues.  The death benefit amount can vary based upon the number of dependents, the characterization of the dependency, total or partial, and the age of a dependent.

In addition to the death benefit, burial expenses up to $10,000.00, are to be paid.

Is There Any Other Claim?

Yes. It appears that there may be a Third Party Liability Claim.  While an investigation may determine that there are multiple Third Parties, it would appear that the pilot, the doctor, and his estate, may be liable.   This lawsuit could be brought along with the Workers’ Compensation Claim.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #11, A FATAL TRAGEDY THAT OCCURRED IN DRAMATIC FASHION

A Bolshoi Theater had a tragedy occurred when an actor was crushed to death when a set backdrop fell upon him.   The actor was 37 years old.  It is reported that former Bolshoi performers condemned the working conditions.

According to the story, “Nikolai Tsiskardze, a former principal dancer at the theatre, told Russian newspaper Komsomolkaya Pravda following the incident that the company’s actors, dancers and workers suffer frequent injuries and near-misses as a result of the dangerous working conditions. ‘Backstage is hell,’ said Tsiskardze. ‘Dancers damage their legs when sets and staircases fall over. I have been screaming about the problems of the Bolshoi for 25 years. There is no order, no medicine, no ethics.’ Dailymail.com

Does Workers’ Compensation Cover Deaths?

Yes.  Workers’ Compensation Law in California would consider this fatality to be a death claim.  In general, dependents of the actor would be able to make a claim for death benefits.   Dependency benefits are based upon whether the claimed dependent is either actually dependent or legally dependent upon the deceased.   Dependency is a matter that requires analysis and must address certain time periods.    Additionally, burial expenses up to $10,000.00, are to be provided.

Is There Any Other Claims?

Given the facts, and the work conditions, there were issues of dangerous work conditions.   There is the possibility of a serious and willful misconduct claim in the matter.  A CAL-OSHA investigation may reveal whether there were any safety violations.  This would be an issue worth investigating.  Also, if the Theatre was owned and operated by a Third Party, a civil suit might be indicated if there was negligence on their part.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

9.3Edward Jay Singer
Edward Jay SingerReviewsout of 22 reviews