Palm Beach, FL — Robert Hoffstetter worked for more than 30 years as a corner marshal in the racing world. He was killed in a tragic motorcycle accident that took place on Sunday, January 4, 2015. The accident happened during a race at the Palm Beach International Raceway in Palm Beach, Florida.
According to an official statement from the raceway, a rider during a race had a problem in which his throttle was stuck in the on position. He was able to jump off his bike, which continued down the track, where it crashed into Hoffstetter.
Paramedics were able to transport Hofstetter to St. Mary’s Medical Center, where he passed away a short time later due to his injuries.
Scene of the Accident
Commentary
Whenever an employee is involved in an accident like this, they’re going to become eligible for workers’ comp benefits. From what’s been reported, it seems as if this accident is pretty straightforward. However, not every accident is straightforward, and differences in a state’s workers’ comp laws can have an effect on how the accident is handled going forward. Some states have gross negligence clauses, in which an employee will have the right to bring a claim against an employer if it can be proven that an accident occurred because of the employer’s gross negligence. Florida is one of these states, however their gross negligence clause is a little more strict than many states, and is worded in such a way that “gross negligence” would almost have to be construed as an intentional act.
In other cases, workers’ comp is “bypassed” whenever a third party is involved, and found to be responsible for the accident. Third parties aren’t covered in the workers’ comp agreement between employers and employees, and are therefore treated like any other person who might be responsible for any other accident. Again, the way in which this accident occurred seems to be pretty straightforward, and I don’t know enough about the racing world to speak to it specifically. But it’s a smart move for anyone involved in an accident like this to educate themselves on the process, and how it’s handled.
— Grossman Law Offices
