CONN Attorney Suggests Injury to Woman Mauled by Chimp Should Be Workers Compensation Claim

Most people do not WANT a claim to be "work-related" however, an attorney representing the owner of a chimpanzee that mauled and blinded a Connecticut woman in February claims the attack is a work-related incident and said her family's case should be handled like a workers compensation claim, according to The Associated Press. The reason for this is that the chimp owner wants to take advantage of the workers compensation "bar," this is part of the statute prohibits (bars) an employee from directly suing an employer.

 

If the case is viewed as a workers comp claim, compensation would be severely limited and shield the chimp's owner from personal liability. If this argument prevails, (I predict it won't.) the workers compensation benefits would be the exclusive remedy for the injury. The chimp attacked the victim, a friend and employee of its owner, ripping off the woman's hands, nose, lips and eyelids. The victim remains in stable condition at the Cleveland Clinic in Ohio. The victim's family filed a $50 million lawsuit against the chimp's owner, claiming she was negligent and reckless for not having the ability to control "a wild animal with violent propensities."

 

According to the chimp owner's attorney, the victim was working as an employee of his client's tow truck company at the time of the attack. He claims that the chimp was an important part of the business, stating his image was on the wrecker, he appeared at the garage daily and he was present for numerous promotional events. The residence where the attack took place is a business office of the company, according to the attorney, who states that the workplace should be subject to the provisions of the Connecticut workers' comp statutes. Under Connecticut workers' comp regulations, the victim would have her medical bills paid for by the employer's insurance and would obtain partial wage replacement, but would be denied any money for pain and suffering that comprises a large portion of jury awards in civil cases.

 

Author: Rebecca Shafer, J.D. consults for mid-market and national accounts focusing on project management, risk management assessments, data review, benchmarking, and development of Workers' Compensation and Injury Management Programs. Projects focus on development of training and education programs, document design, evaluation and integration of insurance claims administration and TPA services. Contact her at: RShaferB@ReduceYourWorkersComp.com Budding writer? We are accepting articles. Contact us at: Info@WorkersCompKit.com.