::sighs::
Ok, I responded to Marlothom about this via PM when it was first posted with the hope that would be the end of it but I guess not....
First, I'm not a lawyer, I work in the ent. industry but I'm attending law school so I have something to fall back on. My mother, on the other hand, is employment lawyer and we've discussed this and it actually came up last night in a conversation with several lawyers and some thoughts were thrown around about it.
Of course some of this depends on her contract and there were some questions when it came to the platform in question. But since no one was familiar with the show or exactly what happened, it was dropped and since I was by far the most unexperienced at the table, I didn't make a point to jump in until my mother outted me by mentioned I've seen the show "at least 25 times" (it's 11 and she knows it!) so I did my best to explain what I knew.
Anyway, in this case Idina is considered an employee....since this her JOB she is entitled to workers compensation because she was injured while working. This is NOT the same as suing. WC is basically a no fault act that covers medical expenses or any other costs that come about as a result of the injury (for example, if this injury prevented Idina from being able to work again she would be compensated in such a way that she would received money set forth by a schedule.
WC also protects the employer since it is exclusive, so if an employee collecting WC as a result of an injury, the employer is protected from any further action by the employee (i.e a lawsuit) relating to that particular incident..
However, she may be able to sue based on "negligence not foreseen..." but that depends on what exactly happened. So basically if someone was in charge of the platform it should have checked and rechecked to be sure no one was in danger. If it could have been prevented and Idina in no way contributed to the accident by missing a mark or something, they can be held responsible.
Hope that helps?
(formerly bronte604)
"You really just love money and power and capitalism? You know they're never going to love you back."
"Things happen for the best...I don't even believe that myself."