Burning Man $110,000 Work Comp Settlement

We represented Kelli in a Workers Compensation case for an injury she
suffered at the Burning Man Festival in Blackrock City, Nevada. How did we win this claim in Missouri for a Burning
Man volunteer?

In 2014 Kelli attended her 7th festival
and was official appointed a “ranger” who protects revelers at the end of the festival when the “man burn” occurs.
We claimed a military grade laser hit her face causing blindness in one eye and significant degradation of vision in
the other.

We began representing Kelli in 2016, a
year and a half after her injury. By that time, the time limit to file a Nevada Workers’ Compensation
claim had expired (problem 1). Nevada has strict rules about work comp being the exclusive remedy for
an on the job injury.

The Burning Man organization had
filed an injury report through their insurer in Missouri and provided benefits to Kelli as well. Under NRS 616A.020(6), she gets no other compensation under any law anywhere.

So we pursued the claim in Missouri
where Kelli lives. But she was a volunteer and work comp claims and settlements rest on the wage of
the employee (problem 2).

Under a 1981 Missouri Supreme Court case, an uncompensated worker who “is in the service of an
employer and that employer exercise control, or as the right of control, over the worker”, can recover under work
comp.

We look to wage rates for similar
services by employees of that employer or any other employer. In Kelli’s case we prepared evidence and documents
about the wage and wages for security guards, which is what Kelli was doing at the time.

The Employer/Insurer raised other
defenses as well (problems 3,4) like the connectedness of the eye injury to the incident at Burning Man and her
level of sight. Kelli had worked for numerous days after this incident with the laser and her initial complaints of
treatment to her providers were not clear as they could have been about her eye damage.

We were able to get a significant
recovery set aside for Kelli’s future. If you have any other questions regarding Workers’ Compensation or strange
and unusual Workers’ Compensation see Burger Law’s Worker’s Compensation page and blogs.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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