(844) 815-9632

construction worker

If I Get Into a Fight at Work, Can I Still Get Workers’ Comp?

It's not common, but workplace fights do happen. Tensions build. Voices are raised. Tempers flare. And, in the extreme, shoves, punches, and piledrivers may get thrown about. Whether it's started by an argumentative customer upset about their caramel macchiato or two colleagues having a heated debate about something-totally-not-worth-fighting-about, injuries can result. So when you're injured in a fight at work, is workers' compensation still a thing? What Is Workers Compensation? Workers' compensation is a workplace insurance system for work-related injuries. Injured workers may have medical costs, lose wages while out of work, and sometimes suffer long-term disabilities as a result. That's what workers' compensation is for. Construction workers, delivery drivers, even dishwashers who die taking out the trash can receive workers' compensation benefits. Police and fire departments often carry extensive (and expensive) workers' compensation policies due to the physically taxing and dangerous nature of their jobs. Workers' Comp for Workplace Fights So long as it's a work-related injury, it's potentially covered. But it shouldn't surprise anyone that the law imposes limits on workers' compensation eligibility when fights occur. Under California law, for example, a worker who's the initial aggressor isn't eligible for workers' comp. Purely personal disputes that overflow into a place of business might not qualify either. The idea behind the entire system is compensating injured workers, after all. The further the facts stray from that legal standard, the more tenuous the case. Find Out If You're Eligible for Workers' Compensation Workers' compensation cases can be complicated. Claims are heard through state agencies, and when an employer contests a claim, the going can get tougher. If you're injured following a fight at work, speaking to a workers' comp attorney is a smart move. Related Resources Find a Workers' Compensation Lawyer Near You (FindLaw's Lawyer Directory) Workers' Compensation Laws by State (FindLaw's Learn About the Law) Can I Get Workers' Compensation If Assaulted at Work? (FindLaw's Injured)
continue reading

Miley Cyrus Tongue Slide Lawsuit Alleges Injury

Miley Cyrus' tongue slide has slid into a personal injury lawsuit. Alas, it's not the pop star's real tongue. The lawsuit involves a giant slide modeled after Miley's tongue that the performer slides down to the stage as part of her "Bangerz" tour. So basically, she sticks out her real tongue as she rides down a massive plastic rendition of her tongue sticking out. Tr�s meta! A construction worker claims the tongue slide is a dangerously slippery slope. Miley Cyrus Tongue Slide Snafu Charles Nicholas Sarris is suing ShowFx Inc., the Los Angeles based equipment company that constructed the massive tongue slide for Miley's tour, TMZ reports. Sarris alleges he was hired to assist in the slide construction but was badly injured while working last month. He claims the tools and equipment provided to him failed, causing him to take a nasty fall from Miley's tongue slide and get injured. He's suing for unspecified damages. But do his construction injuries come with the tongue territory? Tongue-Tied Slip and Fall Construction workers regularly confront some of the most dangerous working conditions. On-the-job construction injuries are quite common in the industry. General and sub-contractors must provide to workers a construction site that is reasonably safe. They also have a legal duty to warn of any defects or hazards at the site (as well as any hazards inherent in the work being performed). Sarris claims his slip and fall injury -- the most common type of workplace injury -- resulted from ShowFx's negligence. He claims the company failed to warn him of the potential dangers involved in the slide construction. He also says the tools and equipment provided to him failed to prevent injury, TMZ reports. Worker's Compensation Issues Sarris will likely obtain workers' compensation as most on-the-job injuries are covered by workers' compensation. However, workers' compensation laws might affect his financial recovery against his employer. By contrast, workers' compensation laws probably would not affect lawsuits against other parties potentially responsible for his injuries, such as third-party contractors, property owners, or equipment manufacturers. In this case, it's unclear whether ShowFx is his employer or not, so it's tough to say how workers' compensation will affect his case. Related Resources: Miley Cyrus' Giant Tongue Leads To Lawsuit! Soon We WILL Know Where Miley's Tongue Has Been, Katy Perry -- A Courtroom! (Perez Hilton) NJ Construction Worker Falls Into Tank of Acid (FindLaw's Injured) Elevator Mechanic Awarded $11.7M for Injury (FindLaw's Injured) Cirque du Soleil Accident: Performer Dies on Stage (FindLaw's Injured)
continue reading