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Tragic Accident: Industrial Robot Crushes Worker in South Korea: Injured Workers in the News, #99

Posted on November 10, 2023 by Edward Singer

A robot may not injure a human being or, through inaction, allow a human being to come to harm.

A robot must obey orders given it by human beings except where such orders would conflict with the First Law.

A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

Isaac Asimov

A South Korean Worker was reportedly killed by a robot. The employee, who worked for the robotics company, died while he was at a plant for which he was servicing a robotic system which had been installed. Mistaken for a box of bell peppers, the Worker was lifted up and slammed onto a conveyor belt by the robot. rt.com

This article will address this fact pattern within the framework of California Law.

What recourse does the Worker’s family have in this circumstance?

In death caes, the Workers’ Compensation system provides for death claims for dependents of the deceased worker. Burial expenses are also to be provided. Generally, no civil suit could be filed against his employer civilly for this accident under the “exclusive remedy” doctrine. In this circumstance, his employer is the robotic company which had installed the system most likely would only be subject to a workers’ compensation claim.

Are There Any Other Claims That Can Be Filed?

In this circumstance, an investigation should be done with respect to the nature and extent that the worker’s manufactured the robot. If another company was involved in the manufacturing or installation process, it is possible action that an action could be brought against them in the form of a civil suit. Likewise, if the Plant where the system had been installed were somehow responsible for the robot error, they too could be subject to a civil suit.

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.

Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

Posted on October 27, 2023 by Edward Singer

It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

What If I Need Legal Advice?

Tesla Crashes Into Fire Truck: Injured Workers in the News, #77

Posted on February 20, 2023 by Edward Singer

In California, a Tesla Driver died when his car slammed into a Fire Truck. It is reported that several of the firefighters at the scene were slightly injured. The cause of the accident is being investigated. Intoxication or possibly the Tesla’s Autopilot may be the cause. dailymail.com

If The Tesla Driver Was At Fault, Can The Firefighters Pursue Workers’ Compensation Claims?

Yes. The Firefighters were injured in a circumstance that arose out of employment and was in the course and scope of employment. Thus, they satisfy the AOE/COE requirement to pursue a workers’ compensation claim.

If The Firefighters Were Injured In the Same Accident, Will They All Get the Same Compensation?

No. Each workers’ compensation case is based upon the individual and the nature and extent of their personal medical conditions. Likewise, there compensation is also impacted by their wage, their age and their occupation. It is quite possible that two of these firefighters could have sustained identical injuries but receive different amounts of compensation. For example, a very young worker could receive less than a much older worker.

Do The Firefighters Have Another Lawsuit to Pursue?

Possibly. It appears that either the Tesla Driver or the Tesla Vehicle may be responsible for the accident. A thorough investigation is necessary to determine who, if any, was negligent. The reporting to date provides no indication.

What if I Need Advice?

City Worker Dies After Being Electrocuted in a Cherry Picker: Injured Workers in the News #69

Posted on November 18, 2022 by Edward Singer

A sad story comes out of Houston, Texas. During election season, a Parks and Recreation Department Worker suffered a work-related injury- electrocution- and died. Foxnews.com

News reports offer sparse information. Thus, we will create a hypothetical and assume that the electronic voting system was the source of the electrocution. The death, in an of itself, would likely trigger an OSHA investigation to determine the cause of the death.

Assuming the hypothetical fact pattern that the Parks Worker was working on election issues and that the voting machine caused their death, we will discuss the issues that would arise.

What Type of Claims Can Be Brought in This Circumstance?

Under California Law, since the employee passed away, his or her dependents would be eligible to claim dependency death benefits. Likewise, they would be eligible to received up to $10,000.00 relating to burial expenses. The dependency analysis involves marital status, the age and health of children, and the amount of support that the deceased provided to any claimed dependent. Also, for spouses earning less than a certain amount and for minor children, there are presumptions that may be employed to claim dependency may be employed.

For the Purposes of Workers’ Compensation, Who Was The Deceased Worker’s Employer?

Elections can involve multiple government agencies. Employees from one government agency could be placed on loan to others. Thus, a question can be raised as to “who was this person’s employer at the time of death? ”

Why Is The Employer Determination Important?

In this matter, the determination of the employer is important. First, this knowledge will inform the dependents to place in a claim, Likewise, the determination may establish the possibility of a third party case. Hypothetically, if the electrocution occurred as a result of defective election equipment, it is possible that the owners of the equipment and the manufacturers of the equipment may have some liability. Also, if the employee was considered to work for the City of Houston, they could potentially sue the County which was responsible for the running the election and for the election machines.

What if I Need Advice?

Carbon Dioxide at LAX Airport Sickened Employees: Injured Workers in the News #68

Posted on November 2, 2022 by Edward Singer

It is reported that four workers at Los Angeles International Airport on Monday, Oct. 31, were sickened when a fire-suppression system inside an electrical room went off, releasing carbon dioxide.” One worker was sent to the hospital in grave condition. The worker apparently went into cardiac arrest.

What Type of Injury Is This?

This type of injury is called an “exposure” case. Exposure cases can be extremely dangerous, even fatal. Carbon Monoxide, the alleged chemical in this matter, is an invisible gas. It can displace oxygen. Workers can breath in the gas. It is possible that gas exposure can cause suffocation. In this instance, an alleged heart attack occurred.

How Is This Claim Assessed In Workers’ Compensation?

This claim is a complicated matter. In workers’ compensation, it would be viewed as an Internal Medicine type of injury. Thus, initially, the specialty fields of cardiology and pulmonology would be involved. Both heart and lung damage should be investigated. Likewise, there may be other medical problems which should be addressed as well. Per the Mayo Clinic, “Carbon monoxide poisoning occurs when carbon monoxide builds up in your bloodstream. When too much carbon monoxide is in the air, your body replaces the oxygen in your red blood cells with carbon monoxide. This can lead to serious tissue damage, or even death.”

Is There A Third Party Claim?

Work Injuries do not preclude claims against third parties. Thus, it is important to understand who employees worked for. Other parties may be responsible for the facility and for the system. Based upon the facts, it is possible that there might be a third party claim against the fire suppression system manufacturer. Further, if those who maintained and operated the fire and suppression system may have some liability.

What if I Need Advice?