Law Offices of Edward J. Singer APLC

In North Carolina, a Taco Bell Worker is left fighting for their life. A customer, reportedly upset over believing that they received the wrong amount of change, opened fire and short the worker multiple times. It is reported that a suspect has been taken into custody. Dailymail.com The employee was taken to the hospital with life threatening injuries.

This article will discuss the steps that can be taken to assist an Injured Worker who suffered a traumatic injury.

If The Taco Bell Worker Created the Incident By Giving the Wrong Change, Does It Matter?

In California, and most states, workers’ compensation is a “no fault” system. As such, a Worker making an innocent accounting mistake would not be barred from filing a claim in this instance.

What Can Be Done Within the Workers’ Compensation Claims System To Address A Traumatic Injury Such As This Shooting?

While the California workers’ compensation system provides treatment for Injured Workers suffering from traumatic injuries such as this shooting, there is additional help that can be provided to improve such medical care. As a representative of Injured Workers, in an instance such as this shooting, I will reach out to the Insurance Company and seek an agreement to employ a Nurse Case Manager on the claim. Sometime, the Insurance Companies will initiate it as well. Nurse Case Managers, in complex cases, serve to connect the patients with the health care providers. They also can assist with scheduling treatment plans. Further, they can attend doctor’s appointments and participate in the recovery process. In some instances, such as recovery from major surgeries, Nurse Case Managers can make sure that all of the Injured Worker’s needs are met. In minor injury cases, Nurse Case Managers, however, appear to be more interested in getting the industrial treatment concluded and closing the case.

What If I Need Legal Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.

A Los Angeles Taco Bell Worker, and Father of 3, was tragically murdered while working. He was shot dead after an argument with a customer over a fake $20.00 bill. The shot was fired from the customer drive-thru. The Father worked there one day a week to make extra money for his family. His son also was working in the restaurant when the shooting happened. Foxnews.com, Dailymail.com

In this matter, there are multiple injury claims; a death claim concerning the Father, and possible stress claims for each and every store worker who was present at the time of the shooting. The employees include one of the Father’s son.

Are There Any Issues Concerning the Death Claim?

Yes. There are multiple issues concerning the Father’s death. First, there would be a death claim which can be filed for all of his dependents. He has three children and he may have a spouse. Thus, there are multiple individuals who can seek death benefits. Further, there would be burial expenses that would be available. Second, there is an issue of his earnings. From the story, he worked one day a week at Taco Bell. It is possible that he had other employment. If so, his rate of pay would be an issue as well.

In sum, while this tragic death is an undisputed work injury claim, there are complicated issues concerning who are the dependents and the compensation rate.

Are There Any Issues Concerning the Co-Workers?

Yes. If the co-workers sustained a mental health injury as a result of the incident, they would be able to pursue a claim. The Son would be able to pursue both an injury claim for himself as well as a dependency claim relating to his Father’s passing. His dependency, however, would be subject to an analysis based upon his age and the nature and extent of his dependency.

Are There Any Other Issues?

The family may seek benefits through the California Victim Compensation Board.

What if I Need Advice?

Image Credit to: danielfela

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