The recent murder
of Surendra Dangol in Boston has raised
several issues ranging from the status of Nepalese working odd hours in the US ,
premises accident and liability of the store or gas station owners, from whom
the victim’s family seldom get compensated. AS A MINORITY AMONG THE
MINORITIES, WE DO NOT HAVE A SAY.
THINGS TO BE AWARE OF TO SUE A VIOLATING STORE/STATION
ENDANGERING THE LIVES OF STORE CLERKS:
The
store must have adequate security cameras
A
second staff must be available at all times during graveyard shifts
A
bullet proof glass or similar measures must have been adopted.
Repetition
of dangerous activities raises the liability of the store owners.
A
possible case can demand (1) full compensation for victim's estate and
children and
aggravating circumstances damages, (2) punitive damages to force employer
to opt for better security measures (3) costs of litigation, and other
relief.
Working odd jobs at gas stations,
convenience stores, liquor stores and restaurants is not luxury for the
Nepalese but a necessity. Often, we
find work, specifically vacant for the graveyard shift, considered risky and
dangerous. The pay is same minimum wage ranging from five dollars to nine
dollars, sometimes with some perks such as an-hour-an-half pay. Is it worth it?
Again, this is our necessity, not a luxury. Graveyard shifts are considered
dangerous, risky and full of threats no matter where you live in the US , be it Manhattan
or any convenience store in a suburb. Often these jobs come coupled with hate
crimes, joy-killing, robbery and fatal assaults. The business owners console
the recruits assuring them with security measures such as security camera,
alarmed door, bullet proof windows and at the same time hide the ugly truth
about he neighborhood. The case of a Texas convenience store owner Naushad
Virani’s murder is currently being investigated for hate crime homicide
where a white murderer venomously foulmouthed the deceased racially before
surrendering to white officers.
On September 28, 2008 when Ashok Bhattarai was murdered in
Missoiri City, hundreds flocked in at the store, expressed their grief and
condolence and demanded justice be done. The mayor and the police department
vowed to take action and as a result the culprit was arrested and is being
tried. Whatever happened to First Stop Food Store’s liability towards the
victim’s family, we do not know! Similar fate of Late Rabindra Sharma in
South Carolina
in October this year.
In case of Surendra Dangol, the
criminal is at large, a white suspect. In case of Ashok Bharttarai, a
teen ager 17-year-old Raymond Whitcher is being tried for murder. Theodis
Dodson has pleaded guilty to capital murder of Gaurab Rajbanshi and
received a life sentence while Jeff Dodson is being tried for the death penalty
for killing in the same case and Fredrick Hughes who was in the get-a-way car
and was found not guilty. In case of Jas Bahadur Rai, Leonard Junior
Coulter, 46, was arrested. On the other hand, status of Himank Karki’s
murderer is still unknown. Weren’t the business owners, where the victims died,
responsible ethically and legally to some extent? What about the accidental
murder of Amrit Dhital, Puskar Acharya, Prahlad Gurung and
Subash Gurung who were killed in Leon County, TX on January 7, 2006 , in
which the victims were not at fault and were hit by another car? What about Utsav
Basnet, Bedija Kharel and Nishma Timilsina killed in a car
accident in Southern Minnesota highway on
January 4, 2006 , again not-at-fault and were passengers in the car being
driven by a 17-year-old American girl from Clarks Grove? Likewise, Kritika Singh lost control of her Isuzu Rodeo about 11 p.m.
when her car struck the mattress on the highway near Nutley Street in Fairfax County, VAdue to the fault of Richard R. Moon, 58, of Herndon, who was driving a
box truck.
ARE
WE BEING FAIRLY COMPENSATED? THIS IS THE BIG QUESTION.
Based on my research as a law student, a Tort
Case against the employer store/station if the owner does not cooperate to
compensate the victims family. The case could be for : (1) compensatory and
punitive damage and (2) Wrongful death OR (1) Workers Compensation.
In any case, the owner will be liable
for compensation towards the victims family i.e wife, children and any other
direct dependents.
There
could be a huge verdict (although it will take a couple of years if the
victim’s estate does not settle with the employer) requiring the employer to
pay compensatory damage to the family, Punitive damages to pay for creating
more safe and secure environment at the stores AND/OR pay the family with
weekly workers compensation allowances for a long time. See the Link below.
When an employee is injured in the course of his or her employment, the injured
worker is
entitled to a number of statutory workers compensation benefits. The workers’
compensation
benefits include:
o Permanent and Total
Incapacity Benefits
o Vocational Rehabilitation Services
o Reasonable Burial Expenses up to $4,000 where Injury Results in Death
o Weekly Benefits to Surviving Spouse until she remarries
o Weekly Benefits to Dependent Children
What is a Wrongful Death?
In
contrast with murder and manslaughter, which involves the taking of a human
life withoutlegal justification, which are
criminal acts punishable by imprisonment or death, claims for “wrongful death” are civil actions, by
which the estate of the decedent seeks monetary compensation for death brought about
by negligence.
The employer shall be liable in damages in the amount of: (1) the fair monetary value of the
decedent to the persons entitled to receive the damages recovered, as provided in
section one, including but not limited to compensation for the loss of the
reasonably expected net income, services, protection, care, assistance, society,
companionship, comfort, guidance, counsel, and advice of the decedent to the
persons entitled to the damages recovered; + (2) the reasonable funeral and burial
expenses of the decedent; + (3) punitive damages in an amount of
not less than five thousand dollars in such case as the decedent's death was
caused by the malicious, willful, wanton or reckless conduct of the defendant or
by the gross negligence of the defendant; except that (1) the liability of an
employer to a person in his employment shall not be governed by this section, [this
means workers compensation applies] Disclaimer:The article or any of the articles in this
series may not be and should not be constituted as legal advice. Each case has
its own merits and differs from the other. The facts used are based on the
information disseminated on Late Dangol’s case in different US and
International Medias. Writer does not claim responsibility for any action
arising out of the academic research nor it is an intent or attempt to defame,
libel or slander.
The writer is exercising
his First Amendment Right to Speech.
Thank you, Santoshgiri-ji, for raising this issue. It would be better if the Nepali lawyers residing in this country could find some legal ways of dealing with such crises so that the victims' "immediate" family members could get some relief. May such situations never come to our Nepali brothers and sisters [and to no one]!!!
MA राज्य मा पीड़ित व पीड़ित को परिवारजन ले ५ दिन भीत्र निम्न कार्यालयमा सूचना दिए $२५,००० सम्म को क्ष्यतिपुर्ती दिने ब्यवस्था पनी रहेछ | हरेक घटना भिन्ना भिन्नै प्रकृतिका हुने हुदा, राम्ररी बुझी अगाड़ी सर्न उपयुक्त हुन्छ |
STATE OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL VICTIM COMPENSATION DIVISION
Victims of Violent Crime Compensation
Violent crime impacts every aspect of a person’s life. The resulting physical and psychological injuries can affect a person’s ability to work, go to school, and meet their own individual goals and aspirations. Often victims may require treatment to address the injuries caused by the violent acts of another. The monetary expenses incurred – after losing a loved one, for medical and dental care, for psychological assistance, and by injuries resulting in an inability to work – should not serve to further victimize those who are affected by violent crime.
Through the Victim Compensation Division, the Attorney General’s Office is able to provide financial assistance to eligible victims of violent crime for uninsured medical and dental care, mental health counseling, funeral and burial costs, and loss of income or financial support as a result of crime-related injury. Our division uses funds obtained from perpetrators, and can assist with expenses up to a maximum of $25,000 per crime. Experienced staff within this division will assist victims in understanding their rights as a crime victim, determining what expenses may be eligible for compensation, and assessing what other resources are available to assist them.
If you or a loved one has been the victim of violent crime, please contact the Victim Compensation staff at the Office of Attorney General Martha Coakley for further assistance, at (617) 727-2200. For further information about victim rights and victim services, visit the Reporting a Violent Crime section of our website.
Who is eligible?
Victims of violent crime occurring in Massachusetts
Dependents and family members of homicide victims
Any person responsible for the funeral expenses of a homicide victim
What are the requirements?
The crime must have been reported to police within five days unless there is good cause for delay.
You must cooperate with law enforcement officials in the investigation and prosecution of the crime unless there is a reasonable excuse not to cooperate.
You must apply for compensation within three years of the crime. Victims under the age of 18 at the time of the crime may apply until age 21, or later in certain limited circumstances.
What expenses are covered?
To the extent insurance or other funds do not cover your expenses, you may be reimbursed for:
Medical and dental expenses (including equipment, supplies and medications)
Counseling expenses (for victims, for family members of homicide victims, and for children who witness violence against a family member)
Funeral/burial costs up to $4,000
Lost wages (for victims only)
Loss of financial support (for dependents of homicide victims)
Homemaker expenses
Expenses not covered: property losses, compensation for pain and suffering, and all other losses
To Apply
Complete the "Application For Crime Victim Compensation" and return it to the Victim Compensation and Assistance Division for verification.
Office of Attorney General Martha Coakley Victim Compensation & Assistance Division One Ashburton Place, 19th floor Boston, MA 02108-1698 (617) 727-2200 (617) 742-6262 fax
In general, you will receive a decision 4 to 6 months later. Your claim can be reopened for future expenses.
and it begins - on Day 1 Trump will begin operations to deport millions of undocumented immigrants
From Trump “I will revoke TPS, and deport them back to their country.”
Tourist Visa - Seeking Suggestions and Guidance
advanced parole
ढ्याउ गर्दा दसैँको खसी गनाउच
To Sajha admin
Nepali Psycho
MAGA denaturalization proposal!!
How to Retrieve a Copy of Domestic Violence Complaint???
wanna be ruled by stupid or an Idiot ?
NOTE: The opinions
here represent the opinions of the individual posters, and not of Sajha.com.
It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address
if you want any posting to be considered for deletion. Your request will be
handled on a one to one basis. Sajha.com is a service please don't abuse it.
- Thanks.
