Lady Gaga’s Dogwalker was in the news. He was shot and left for dead while trying to prevent the dogs from being stolen. The DailyMail.com recently reported he has launched a GoFundMe to help cover the costs of a road trip he’s taking to heal his ’emotional and mental health’. [Mr.]Fischer shared that the van he’s been traveling in for two months has broken down and he needs financial support.”
Are There Any Benefits That Mr. Fischer May Receive Through Workers’ Compensation?
Yes. However, Mr. Fischer would have to prove that he was an employee of Ms. Gaga at the time of the incident. This would require a factual analysis concerning what he services he performed and how he was compensated. It is possible that he could be considered as an employee and be entitled to workers’ compensation benefits. This would include payment of benefits and medical care.
If It Was A Workers’ Compensation Claim, Is There Anything Unique That Would Apply?
In light of the fact that it was a shooting, a psychiatric injury may have occurred. California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3.
Beyond Workers’ Compensation, Are There Any Other Benefits That Someone Could Obtain In the Event of A Robbery and Shooting?
Even if he is not considered an Employee, there is a special Victims Compensation Board Program in California. The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.
To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for 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.