It is not uncommon for workers to suffer injuries that are caused by someone other than their employer or a coworker. A negligent vehicle operator from another company can cause severe injuries or even fatalities. Another cause of many workplace injuries is malfunctioning equipment that may be the fault of the manufacturer or supplier of the equipment. Oklahoma workers may be interested in two incidents — one workplace injury and one on-the-job fatality — that were caused by third-parties on film production sets.
In Sept. 2014, an on-site security guard lost his life after being run over by a driver who was transporting a CBS film crew. In the subsequent lawsuit filed by he surviving family members, it came to light that the driver suffered a medical emergency that caused him to lose control of the vehicle, killing a security guard. The plaintiff accused CBS of failing to investigate the driver’s medical history before employing him. The surviving family of the security guard was awarded financial relief.
In a more recent lawsuit, a woman who was employed on the film set of another CBS production claims to have suffered severe injuries. According to her claim, she was working as a dolly grip when an on-set crane malfunctioned and nearly caused her one thumb to be severed. She named CBS and the provider of the crane as defendants and is seeking compensation for medical expenses and pain and suffering that resulted from the accident.
Oklahoma workers who have suffered a workplace injury or families who have lost loved ones in on-the-job accidents can pursue claims for workers’ compensation benefits. If the injury or death was caused by a third-party who is not in the company’s employ, a personal injury or wrongful death claim may be filed in a civil court. This so-called third party claim does not preclude the worker (or a deceased worker’s surviving family) from pursuing workers’ compensation benefits. Moreover, a third paerty claim typically includes a demand for reimbursement of pain and suffering, something that is typically not part or a comp claim.
Source: guardianlv.com, “CBS Involved in Another Workplace Injury Lawsuit“, Rebecca Grace, Dec. 29, 2014