Date: MAY 20, 2020
Location: Los Angeles
Occupation: Banquet server and Bar back
Lead Trial attorney: Derek Jackson and Gary Jackson
Case result: $20,000 cash settlement.
Initial claim status: denied throughout litigation
Body parts injured: low back
GENERAL STAFFING AGENCY / SPECIAL EMPLOYER CASE
Jonathan A. vs Savoy event staffing/ Jonathan Club
Case Facts: This case shows the importance of understanding what to do when you are hired by a staffing agency, get hurt at work, and the staffing agency has no work comp insurance for you. This is especially important in this era when companies rely heavily on outsourcing their employees from staffing agencies.
Client was initially represented by another firm. The injury occurred 12/18/15 and the first attorney filed the case soon after on 2/3/16 against the staffing agency (the general employer) that hired client. However, when it was leaned soon after that the staffing agency had no work comp insurance, the very experienced prior work comp attorney did not know (or perhaps did not know how) he could get his client benefits from the employer where client was actually working and got hurt (the special employer); in this case the Jonathan Club, an exclusive club for the rich.
Jackson & Jackson was asked to take over the case and was hired on 10/8/19. Immediately Gary Jackson was able to determine the name of the special employer from the client and then identify that employers work comp insurance company. An amended application was immediately filed in the work comp court naming the new employer and its insurance company. Approximately 60 days later, Jackson & Jackson obtained an authorization for medical care direct from the insurance company. What the prior attorney could not do in three and one half years (3.5 years) Jackson & Jackson was able to achieve in 60 days.
This case points out the importance of hiring an experienced attorney who understands the complex system of laws and rules in play in workers’ compensation cases.