Joined: Sep 2006
Friday February 27, 2009 9:42 PM
I've had a few of these in "my" day, as a "C/A..."
First and foremost -- the "Security Guard," has a duty to protect and report any "suspicous activity..." It sounds like a total "AOE/COE," compensable claim...
The last case I dealt with involving a similar "incident," wasn't exactly the same. It involved an I/W who claimed that she was "robbed," while making a bank deposit. Lots of facts to this case that are not relevant to this one, except for the following:
My thought is that the bank, like most other banks have surveillance camera's outside, surrounding the premises... Now these cameras, as I understand from the investigators, are "roving/moving" cameras..." They film in my "lay terms," a picture of what goes on in the parking lot and in close proximity to the bank's door entrance. Since they "scan" to and fro--it's quite possible that the entire and/or parts of the incident were caught on film. And since the cameras are "scanning" they pick up bits pieces of what occurs in the parking lot.
It would likely show if the Security Guard was just checking out a "cool car," or if he/she was just "bored" and was somewhat negligent about what their job duties entailed... My last recollection regarding the job duties of a "Security Guard," was to survey the entire area surrounding the bank parking lot, adjacent area parking lots and entrances to and from the bank.
This for certain a "horrific" and most unfortunate accident. 3rd parties are going to be involved for certain!!! Take care of the workers' compensation case FIRST AND FOREMOST, as it's "exclusive remedy and a 'no fault' system," by and large. I would be willing to bet (Dah) that the civil recourse is going to involve "comparative and contributory negligence," regarding the I/W, the driver of the car and the aggreived family members of the child whom had his/her life taken away.
The sooner the "defense" and "applicant" obtain the surveillance tapes and police reports, the better!!! Please do not hesitate on this, as memories seem to fade; especially when several parties have been exposed to a situation such as this...
The police report and surveillance films from the bank are imperative for all parties!!! I cannot emphasize this enough!
God help all those whom were involved! I would, IMHO, opine that this was an extrordinary case and since the I/W was employed for over a year--the 6 month rule would not apply, for psyche... Another thing to consider is was this "Security Guard," a direct EE of the "bank," or a "contract EE???"
Again, I cannot emphasize this enough, no matter which party is involved: OBTAIN THE SURVEILLANCE TAPES, WITNESS STATEMENTS AND POLICE REPORTS "ASAP!"
So many parties to consider!!! Of course the "defense" can delay the claim--however, remember that the first $10k in medical is payable, while a clam is pending.
IMHO, "mitigate the damages" in the w/c case and let the 3rd party actions "stand alone." Again this is just my "opinion. As for the "defense," if would be pennywise and pound foolish not to resolve this ASAP. this is a case that could/would/will likely be tied up in civil court for years...
As a w/c rep, no matter what side--resolve now and this is one that I wouldn't even include a 3rd party C&R/settlement agreement upon. Help the I/W NOW and be done with it!!!
Good luck folks, such a sad situation!
Edited: Friday February 27, 2009 at 9:51 PM by postscript2