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WCITN #12: Will Workers’ Comp Deliver for a 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.

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