Injured Amusement Park Performer Fights for Workers’ Compensation Claim
A stage gunfighter for Ghost Town in the Sky, wounded during a performance, may receive payment under North Carolina’s workers’ compensation laws after initially being informed the insurance company wouldn’t pay.
Robert Bradley was employed to stage mock shootouts with other actors in the fictitious Wild West Town attraction at Ghost Town to entertain guests, reports the Smoky Mountain News. Earlier this summer, during a scene he had taken part in hundreds of times before, an unknown projectile from one of the guns lodged in his right thigh.
There was no foul play, and the incident was officially deemed an accident. However, Bradley incurred serious injury and was taken to the emergency room for profuse bleeding.
At the ER, Bradley refused to take a drug test, which the insurance company who carries the workers’ compensation policy for Ghost Town requires before awarding claims. Bradley stated that he believes insurance companies use drug tests to get out of paying workers’ comp claims.
While drug test stipulations are not uncommon as a prerequisite for workplace injury policies, there is no “hard and fast rule” about them, according to an attorney who spoke to the Smoky Mountain News. Nevertheless, the insurance company denied the claim.
Bradley was recently contacted by a representative for the state workers’ compensation insurance department, who directed him to send his medical bills to them. If he doesn’t receive compensation, Bradley will be eligible to file a complaint with the N.C. Industrial Commission.
Meanwhile, Bradley is no longer employed by Ghost Town. He claims that he was fired, though management at the amusement park reports that he quit. The second gunfighter involved in the incident has been fired, and two others quit in protest over the incident.
Ghost Town is currently under investigation by the N.C. Department of Labor, having received a complaint that there were no on-site medical personnel to attend Bradley after the injury.
If you or a loved one is injured at work and experiencing problems with a workers’ compensation claim, our dedicated Raleigh attorneys may be able to help. Contact Kelly & West today to discuss the details of your case.