Workers’ Compensation–Are Ski Resort Deaths Covered?

One of the many interesting aspects of Workers’ Compensation is how wide the coverage “net” is.  Work related injuries or death often are covered in surprising circumstances that on first impression would not appear to be work related.

For example, and not long ago, there were three tragic deaths at a well known ski resort in the California Sierra Nevada mountains.  As reported in the Sacramento Bee and the Yuba Appeal Democrat, three young women from Yuba County (Marysville, Olivehurst and Loma Rica,) were employees at the resort and lived in “company housing” at the resort.  At a point in time not specified in the news, they went outside and got into their car in the employer’s parking lot.  They fell asleep while the car was running in a snow storm, and over time the snow covered the car and the car’s exhaust pipe.  The accumulating snow trapped the exhaust from the running engine, and its deadly component, carbon monoxide, was forced into the passenger compartment.  All three died of asphyxiation—lack of oxygen.

There is a good chance that these deaths would be compensable under California Workers’ compensation law, providing the possibility of substantial benefits to the surviving families.  As is often the case in answering a legal question, much depends on the particular facts of the case under consideration.  A detailed review of the facts would be needed to determine whether the case could be pursued or not.