Film and television sets put an unusual amount of risk into one workplace, maybe more than you’d expect. Heavy equipment, high-voltage electrical systems, vehicles, temporary structures, stunt work, elevated platforms, and long workdays all operate side by side, often on a schedule that leaves little room for delay. Contact our work accident attorney in Los Angeles if you were injured on a movie set for a free consultation.
Two things make set injuries legally complicated.
First, a single production can involve a dozen companies, such as the production company itself, equipment rental houses, stunt coordinators, transportation vendors, catering, location owners, which can make it difficult to identify who is responsible for a hazard.
Second, an injured worker may have a workers’ compensation claim and, in some cases, a separate third-party personal injury claim against a company other than their employer. Handling only one of them can leave significant compensation unclaimed.
Does Workers’ Compensation Cover a Movie Set Injury?
If you were an employee when you were hurt, workers’ compensation may cover the injury no matter who caused it. Workers’ compensation does not provide damages for pain and suffering, and disability payments replace only part of your wages, which can be a real problem for crew members whose income depends on day rates and overtime. Why worker classification matters on a production
Film productions use employees, loan-outs, independent contractors, vendors, and volunteers, sometimes all on the same set. Your classification affects which company’s insurance covers you and whether workers’ compensation applies at all.
Payroll on many productions runs through a payroll services company rather than the production company whose name is on the call sheet, which can create confusion about who your employer actually is. Misclassification is common enough in the industry that it is worth having someone examine the paperwork rather than accepting the label that was assigned to you.
Can You Sue Someone Besides Your Employer?
Potentially, yes. Workers’ compensation generally prevents you from suing your own employer, but it does not protect anyone else. When a company other than your employer contributed to the accident, you may have a third-party personal injury claim in addition to your comp benefits.
On a film set, possible third-party defendants include:
- A production company other than the one that employed you
- Equipment rental companies that supplied faulty or poorly maintained gear
- The owner of the property where the production was filming
- Stunt or special-effects contractors
- Transportation companies
- Manufacturers of defective equipment
- Other contractors working on the same production
A third-party claim can reach damages that workers’ compensation leaves out, including pain and suffering and full wage loss.
How a Los Angeles Movie Set Injury Lawyer Can Help
Responsibility on a production is buried in the contracts among the multiple companies involved. A Los Angeles personal injury attorney can help in the following ways:
- Identify your actual employer
- Determine which entities on the production owed you safety obligations
- Obtain production reports, incident reports, and safety records for the shoot
- Work with experts who know industry safety standards
- Pursue workers’ compensation and any third-party claim together
- Calculate damages that account for day rates, overtime, and the irregular income patterns of production work
- Negotiate any comp lien against a third-party recovery so you keep as much of your settlement as possible
- Prepare the case for trial if the carriers will not resolve it fairly
If you were injured on a film or television set in Los Angeles, contact our office for a free consultation today.