work injury claim form with a judge's gavel

A TACO BELL WORK INJURY TRAGEDY: INJURED WORKERS IN THE NEWS, #9

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?

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 27 years. Contact us today for more information.

Image Credit to: danielfela

WORKERS’ COMPENSATION IN THE NEWS #5 : WHERE ARE MY DOGGONE BENEFITS?

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?

Yes.

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.

 

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