A brazen attempted robbery of news camera equipment led to a Security Guard’s murder. While working for Star Protective Agency, the Guard was assigned to an on location KRON news team. While doing so, he was shot in the abdomen and died. It is reported that he was married, has two children, and has three grandchildren.
This industrial death has issues concerning (a) who is entitled to and (b) the nature and extent of workers’ compensation dependency benefit.
Which Company is Responsible for The Security Guard’s Workers Compensation Claim?
Workers’ Compensation claims are to be filed against one’s employer. Often, employees, while working for one company, are performing services at another. In this instance, while the Security Guard was working with the KRON news team, his actual employer was the Star Protective Agency. The claim will be filed against Star.
What Type of Workers’ Compensation Claim is To Be Filed?
Besides the injury claim, a Death Dependency Claim is indicated. According to the reports, the Security Guard had a wife, children and grandchildren. Thus, prior to his demise, he may have financially supported a number of people. Therefore, a factual analysis is necessary to determine the nature and extent of each dependency.
Are There Different Types of Dependents?
Yes. In California Workers’ Compensation Law, there are two types of dependents: total and partial. Total dependents are entitled a greater amount compensation than partial dependents.
What Is the Difference Between a Total and Partial Dependent?
The difference between total and partial dependents is the nature of the support that they received from the deceased worker. Beyond the actual support, legal presumptions can provide the assignment of total dependency. Spouses with certain levels of earnings as well as children under the age of 18 are afforded total dependency.
Other claimed individuals are required to prove their dependency by showing the support they received from the deceased. Likewise, a claimed dependent’s income will be considered in the calculation. For example, a child living free at home may also have a job.
What Is to Be Learned From This Tragic Story?
A simple undisputed work injury can lead to a complex analysis in order to pay out compensation.
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.