It is reported that a woman, after being ejected for cursing at the umpires as an attendee of a softball game, waited in a parking lot and proceeded to punch an umpire in the face. The umpire sustained a bruised face and black eye. Dailymail.com
If The Accident Happened in the Parking Lot, Would It Still Be Work-Related for Workers’ Compensation Purposes?
In workers’ compensation, an employer’s parking lot is generally considered as an extension of the employment. Thus, even a trip and fall injury in a company parking lot can be considered as a work injury. Thus, this injury should be considered as work-related for workers’ compensation purposes. In this matter, there is the additional connection that makes the incident work-related. The individual who assaulted the umpire was at the game and then waited for the umpire to go to the parking lot.
Is There Any Particular Issue that Umpires Have In Pursuing Workers’ Compensation Claims?
In workers’ compensation, an Injured Worker’s average weekly wage is required in order to calculate benefits. The nature of umpiring as a seasonal activity can make wage calculation complicated. Umpires often have other forms of employment or wages. These other wages must be used to calculate the wage. This is generally done by going one year from the date of injury to account for their annual wage. If an umpire does not have sufficient wages, they are likely to be considered a minimal wage earner for workers’ compensation benefits. This is a fixed amount and is determined by the WCAB every year.’
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.