Right. If my friend was a director and I went to the set as a guest to watch and slipped and fell and broke my back the gen liability policy would cover that. If your employer gives you an accidental death policy I don't know how that works.
Alec Baldwin fired prop gun that killed woman on film set of Rust
- Thread starter sglowrider
- Start date
I guess I'll read it in more detail when annual enrollment comes up in about a week.
Here's another thought: Note what I said a few posts ago about most states outsourcing their workers' comp to private insurances. In such a scheme, it would be possible for a state to set a benefit floor, but for employers to exceed that floor (perhaps after negotiating with unions). So, it's possible that her worker's comp is much, much better than, say, the barista at an Oakland Starbucks.
We need a California lawyer up in here!
I'm not sure what you mean by outsource. I know that comp claims are often administered by third party administrators like Gallagher Bassett or CCMSI. Whether an employer can exceed that floor I don't know how they would do it. I've never had one ever pay in excess of what was allowed under WC. In the states I've handled them they are set by statute. You get a one time permanent partial disability check or a permanent total disability where you get checks for life. But it's all set by statute. I don't know how an employer would exceed it other than a gift. I"ve had clients get disability under a pension plan at the same time where there was a dollar for dollar set off with comp benefits.
I'm waiting for the I'vegotwinners conspiracy theory.
I bet "they" haven't brought in ANY dogs at all...
I bet "they" haven't brought in ANY dogs at all...
Here is another case to go with Brandon Lee and Vic Morrow and child actors, a stuntman was injured in Green Lantern. He sued the studio and won, then the main insurer and the overage insurer fought each other
Appeals Court Will Let Insurers Battle Over Who’s Paying for ‘Green Lantern’ Injury
Ace American accuses Fireman Fund of waiting too long to settle John Franco's lawsuit.
www.google.com
He was an independent contractor not an employee. Whether the woman on the set was an ee or ic will go a long way in determining her potential avenues of recourse: worker's compensation (ee) or wrongful death (ic/self-employed)Here is another case to go with Brandon Lee and Vic Morrow and child actors, a stuntman was injured in Green Lantern. He sued the studio and won, then the main insurer and the overage insurer fought each other
Appeals Court Will Let Insurers Battle Over Who’s Paying for ‘Green Lantern’ Injury
Ace American accuses Fireman Fund of waiting too long to settle John Franco's lawsuit.www.google.com
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Well, California doesn't force you to buy into the state fund. You are allowed to purchase coverage from a private insurer. However, as you say, the benefits are set by statute.
I'm currently reading more about supplemental insurance. It appears that supplemental plans can indeed be written to cover workplace injuries and accidents, but any extra benefits provided by the employer must be claimed as income. So if Tom Cruise buys his own policy to give himself extra protection, he can do that, and if the studio agrees to his demand to provide that extra insurance on their dime, they can do that, but if the studio pays for the insurance, Cruise has to claim it and pay income taxes on it.
Someone should go to jail.
Who? I don’t know but someone is responsible.
A
anon_6hv78pr714xta
Guest
Rust crew reportedly complained about unsafe working conditions before Alec Baldwin prop gun accident
The camera crew walked off set in protest hours before accidental shooting of Halyna Hutchins
Last night, news broke that cinematographer Halyna Hutchins died on the set of Rust after Alec Baldwin discharged a prop gun thought to only contain blanks. Director Joel Souza also sustained injuries, and was released from the hospital earlier today. IATSE Local 44—the union for craft professionals that includes prop masters—says that the gun used on the movie’s set had a “live round” and that the prop master wasn’t a member of the association.
Now, The LA Times and Deadline report that before the fatal accident, seven of Rust’s camera crew members walked off set in protest of unsafe working conditions. Sources say the workers’ complaints included being expected to arrive to set at 6:30 a.m., and only being offered accommodations in Albuquerque instead of Santa Fe (as they’d initially been promised), requiring them to make a 50-mile drive to set each day.
“We cited everything from lack of payment for three weeks, taking our hotels away despite asking for them in our deals, lack of Covid safety, and on top of that, poor gun safety! Poor on-set safety period!” a member of the camera crew wrote on a private Facebook page, according to Deadline.
Per The LA Times, “As the camera crew—members of the International Alliance of Theatrical Stage Employees—spent about an hour assembling their gear at the Bonanza Creek Ranch, several nonunion crew members showed up to replace them.” The publication also reports that “a member of the producer staff then ordered the union members to leave the set,” hence why the production ended up with a nonunion prop master.
There had also reportedly been two prop gun misfires in the week before Hutchins’ death, according to a source familiar with the set conditions, who added that “there was a serious lack of safety meetings on this set.”
The LA Times report mentions that the accidental shooting occurred six hours after the unionized workers left the set. Baldwin was rehearsing a scene that involved a gun fight in a church.
That's why I need a caveat/disclaimer with all of my posts in this thread. I have no idea how it works wherever this occurred. Here there's no fund. You secure WC insurance by buying a policy from a carrier like any other insurance. Then the employer handles it, sources a law firm, and/or uses a third party like Gallagher Basset. We have a second injury fund, but that's different. It's a state fund you can tap when you have a workplace injury coupled with a prior disability.
They'd Better Call Saul.
The differences between states must be dramatic at times. Ohio is quite the opposite of Missouri. The state has a virtual monopoly (you can self-insure, but that's generally cost-prohibitive) on it, and as a result, I think it's the biggest single WC agency in the country. But all that state control can too easily lead to corruption. A few years ago, there was a huge scandal wherein the WC fund was investing in a sketchy rare coin scheme run by a prominent GOP fundraiser. The scandal was far-reaching enough to make Bob Taft the first sitting Ohio Governor to be indicted.
If that info is true, then it wasn't a "misfire". It would be negligent discharge as the trigger was pulled. Lots of CYA going on by people and I assume it only gets crazier from here as they sort this out.
If this is true, with Baldwin being the producer and lead actor on a film location/set that seemingly had plenty of labor strife, as well as being the man who fired the prop weapon there's an awful lot of potential accountability and culpability falling directly at his feet.
Yikes! Illinois is pretty close to Missouri in terms of how claims operate, but the procurement of coverage etc. I have no idea. I think you're right that each state varies a fair amount.
Starting with…make sure the damn gun doesn’t have an active round in the chamber.
It's a ****ing movie. Mr. Anti-gun would have had to directly point that gun at those people.
Dumbass couldn't have pointed the just close to them. No, he had to point it directly at them.
Nice job, Killer.
Backatcha, mcm. 😊 Lots of hardworking regular Janes and Joes in "Hollywood" to go with us douchey, liberal dickweed elites. Saying "**** all Hollywood" is as dumb as saying "**** all athletes" just because you don't like Purdue. It's pretty stupid to sweep up all the good people in with the few of us lowlifes. But then we are talking about Ulrey and DANC here, so maybe we go easy on them given the low expectations.
BTW, almost every project that I've been on has an insurance rider for firearms if they are called for the in the script. You have to carry special additional coverage for firearms, pyro, stunts, etc.
Very tragic accident. I told my wife it reminded me of when Brandon Lee died from a prop gun accident.
I still haven't seen any kind of explanation for there being live rounds on site. Why in the world would there be any live rounds anywhere near the goddamned place?
Backatcha, mcm. 😊 Lots of hardworking regular Janes and Joes in "Hollywood" to go with us douchey, liberal dickweed elites. Saying "**** all Hollywood" is as dumb as saying "**** all athletes" just because you don't like Purdue. It's pretty stupid to sweep up all the good people in with the few of us lowlifes. But then we are talking about Ulrey and DANC here, so maybe we go easy on them given the low expectations.
BTW, almost every project that I've been on has an insurance rider for firearms if they are called for the in the script. You have to carry special additional coverage for firearms, pyro, stunts, etc.
Makes sense re the rider, but still may depend on whether she was an IC or an Ee and who was employing her.Backatcha, mcm. 😊 Lots of hardworking regular Janes and Joes in "Hollywood" to go with us douchey, liberal dickweed elites. Saying "**** all Hollywood" is as dumb as saying "**** all athletes" just because you don't like Purdue. It's pretty stupid to sweep up all the good people in with the few of us lowlifes. But then we are talking about Ulrey and DANC here, so maybe we go easy on them given the low expectations.
BTW, almost every project that I've been on has an insurance rider for firearms if they are called for the in the script. You have to carry special additional coverage for firearms, pyro, stunts, etc.
My understanding of firearms movie accidents is that they aren't typically handled as just WC claims (although I've thankfully never had to file such a claim). A cinematographer and director are very typically ICs on a film, so they aren't covered by the WC of the company created for the film (which is a separate entity separate from any studio, production company, or distributor.) Firearms accidents typically are specifically covered in those riders to address any incident arising from firearms usage on a set regardless of whether the accident impacts an employee or not. I've dealt with pyro and stunt claims and that's how they typically went regardless of employment status, which is different than a more typical workers comp accident on set.
Interesting re her likely being an IC. That's good. Her family won't have to worry about money at least
It's an f-ing awful tragedy. I'm sure the family isn't thinking about money right now and whoever is in charge should make sure that they don't need to.
Then that alone is a blessing. I've handled dozens of death cases where they were worried how to even pay for a funeral and survive the next day.
"I didn't know it was loaded." They all say that. Brandon Lee, son of Bruce Lee was killed the same way.
Guns don't kill people, idiots do.
Never put your finger on the trigger of a gun, unless you intend to pull the trigger/fire the gun.
Treat every gun, as though it were loaded, because it might be.
Never point a gun at something/someone, unless you intend to shoot them.
That wad projectile in the blank cartridge, is just as lethal as a bullet, at close range.
Her family is soon going to be a lot richer, & Alec's a lot poorer.
Common Sense
No need to outlaw guns, just the idiots who don't know how to use them.
What's purple & dangerous?
A grape with a machinegun.
What's even more dangerous than that?
A liberal with a gun that's loaded with blanks.
It wasn't loaded!
Until I Pulled the Trigger :O
Among the many reasons why we need lawyers and the "**** all" anything mantra is dumb. There are a lot of scumbags in Hollywood and in law, but lots of people doing great work, too.
Liberals & guns don't mix. It's like Einstein trying to explain physics to a 3 yr. old.
Oil & water
Wow. I didnt realise that there are so many here in the WC are in the movie industry -- and coincidentally were there at the ranch where the movie was shot.
On scene/in studio, the 'prop man' usually loads the gun with blank cartridges. The wad projectile has killed many people before, & will do so again. Usually this 'blank round' has a minimum amount of gunpowder, just enough to make the blast look & sound real enough. So, at close distance, these rounds can & do kill people. Brandon Lee, the son of Bruce Lee, was killed the same way several years ago.
I didn't know it was loaded!
But I'm Alec Baldwin, these things happen!!!
I get not liking Alec Baldwin. I don't really get being a dick about it at this point in time.
Reminds me of that Discovery channel show, in Alaska. I was watching it a day or 2 ago, & the girl/wife of one of the sons of Otto, had a black bruise under her left eye. Later in the show, I saw how she got it. She was shooting a high powered rifle with a scope, & not holding the rifle firmly enough. Sure enough, when she fired the rifle, she got that nasty bruise. = rookie --- To think, they were hunting Black Bear, & ran across a Grizzly. She was lucky that bear wasn't picking his teeth with her bones.
Yikes
This thing kicks!
Sounds like the crew should have taken some NRA classes on gun safety.
