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Will workers’ compensation cover food truck worker’s death?

| Dec 3, 2019 | Workers' Compensation |

Sometimes, the circumstances under which workplace injuries occur give rise to uncertainty about the rights of injured workers. The California Highway Patrol is investigating a recent accident in which a food truck worker lost his life. It was also reported to the California Division of Occupational Safety and Health. Cal/OSHA initially decided to let CHP take the lead. But where does that leave the surviving family members and their rights to workers’ compensation death benefits?

According to a preliminary police report, the incident occurred on a recent Friday morning. Reportedly, a worker fell from the truck as it made a slow left turn. Unconfirmed reports indicate that the worker was not safely seated and secured with a seat belt while the truck was moving. Instead, he was busy with food-related duties and might have lost his balance when the driver made the left turn.

It is thought that the worker fell against the back door of the taco truck. The door was not locked and opened when the worker fell against it. The man fell out of the taco truck and suffered fatal head trauma.

The California workers’ compensation system is a no-fault program, which means that the worker should be covered even though he was moving about in the back of the taco truck while it was moving. Still, the surviving family members might have difficulty securing financial relief. This is where the skills of an experienced workers’ compensation attorney come in. The lawyer can explain their legal rights and assist with the benefits claims process in pursuit of survivors’ benefits.

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