PPRuNe Forums - View Single Post - Atlas Crash - Pilot's Family Files Lawsuit
Old 24th Sep 2019, 20:58
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OldnGrounded
 
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Originally Posted by wrench1
What I find interesting is they (Aska) include his employer Atlas in the filing. In most (all?) states an employee/surviving family can not sue the employer due to state workman's compensation laws as the work comp will pay out on the death claim. Was the crew considered "contractors" to Atlas or Amazon?? Then no workman's comp. I'm no expert on this side but something is amiss here. As the rotor turns...as they say on my end of the business.
One of the exceptions that permits employees to sue outside of workers' comp is when an employer has inadequate coverage to compensate for the loss. Also, whether it works or not, it's always easier to name all the defendants you can think of in the original claim. If some or all counts are dismissed as to some defendants, you've lost nothing. And, just maybe, they won't be dismissed.

Our legal system is deliberately adversarial. Plaintiffs' attorneys in cases like this know that the defendants are going to have high-powered counsel with killer instinct, so there's no advantage to being "reasonable" from the outset.
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