# If storm reporter dies, employer responsible/charged?

**URL:** <https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417>\
**Category:** Factual Questions\
**Created:** [September 28, 2022, 10:53pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417 "2022-09-28T22:53:39Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![a6ka97](https://avatars.discourse-cdn.com/v4/letter/a/c2a13f/32.png) [@a6ka97](https://boards.straightdope.com/u/a6ka97)\
**Post date:** [September 28, 2022, 10:53pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/1 "2022-09-28T22:53:39Z")

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In watching the evening news they featured a clip of a Weather Channel reporter reporting on hurricane Ian when a branch (or something) blows into him and knocks him over. Further in his report he could barely walk back and looked like a street sign whipping around in the wind near him.

What if a tree or building falls on him killing him. Lawn chair, scrap wood, garbage can, etc… blows into him killing him. Are they doing this on their own free will? If “on assignment” could his family sue the Weather Channel for wrongful death and win?

Reminds me of the weather reporters up in my area when we have a blizzard or whiteout conditions. They keep repeating “stay inside”, “driving not advised”. And yet they themselves are out driving in it.

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**Author:** ![SuntanLotion](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suntanlotion/32/16165_2.png) [@SuntanLotion](https://boards.straightdope.com/u/SuntanLotion)\
**Post date:** [September 28, 2022, 11:10pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/2 "2022-09-28T23:10:08Z")

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Ratings. I am sure they’re doing it of their own accord, aware of the dangers.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 28, 2022, 11:15pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/3 "2022-09-28T23:15:55Z")

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Workers Comp laws take most remedies away from employees who are hurt or killed on the job. Their estate will get a modest payout, but no lawsuit in the traditional sense.

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [September 28, 2022, 11:17pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/4 "2022-09-28T23:17:57Z")

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I’m sure their contracts address such circumstances, and the station will always be blameless.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [September 28, 2022, 11:18pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/5 "2022-09-28T23:18:14Z")

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It’s an inherently risky job. The employer would have an obligation to do what they can to mitigate the risks, but you can’t eliminate risk entirely.

Oh, and I fixed the typo in the title.

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**Author:** ![Mortimus](https://avatars.discourse-cdn.com/v4/letter/m/e36b37/32.png) [@Mortimus](https://boards.straightdope.com/u/Mortimus)\
**Post date:** [September 28, 2022, 11:40pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/6 "2022-09-28T23:40:57Z")

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I used to work as a TV news shooter. I just assumed that any injury I got on the job would be covered by workman’s comp. After that I figured I was on my own.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 28, 2022, 11:49pm UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/7 "2022-09-28T23:49:55Z")

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> [@Chronos](#):
>
> It’s an inherently risky job. The employer would have an obligation to do what they can to mitigate the risks, but you can’t eliminate risk entirely.

In workers comp you don’t have to show negligence. If you are in the course and scope of your job, you get (in theory) your workers comp benefits. You don’t have to prove they did anything wrong, and it wouldn’t help if you did. You have limited remedies and no right to sue. The only significant exception is for _intentional_ harm by the employer. Which would not apply in this case.

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**Author:** ![a6ka97](https://avatars.discourse-cdn.com/v4/letter/a/c2a13f/32.png) [@a6ka97](https://boards.straightdope.com/u/a6ka97)\
**Post date:** [September 29, 2022, 1:14am UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/8 "2022-09-29T01:14:11Z")

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> [@Chronos](#):
>
> Oh, and I fixed the typo in the title.

Thanks!

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**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\
**Post date:** [September 29, 2022, 3:00am UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/9 "2022-09-29T03:00:27Z")

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This happened in 2018:

> A television anchor and a photojournalist for a broadcast news station in South Carolina died Monday after a tree fell and crushed their sport utility vehicle while they were out covering the severe weather generated by Subtropical Storm Alberto, the authorities and station officials said.
> 
> The anchor, Mike McCormick, and the photojournalist, Aaron Smeltzer, worked for WYFF News 4 based in Greenville, S.C., and were about 30 miles north of there in North Carolina on Monday afternoon when the authorities say the tree struck their S.U.V. as they drove along Highway 176.

> **[TV Journalists Killed After Tree Crushes S.U.V. During Storm in North...](https://www.nytimes.com/2018/05/28/us/tv-news-crew-killed-falling-tree.html)**
>
> The news anchor and photojournalist for WYFF News 4 in Greenville, S.C., had been reporting on the effects of Subtropical Storm Alberto.

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**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\
**Post date:** [September 29, 2022, 3:05am UTC](https://boards.straightdope.com/t/if-storm-reporter-dies-employer-responsible-charged/972417/10 "2022-09-29T03:05:24Z")

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I have long feared that a reporter in a hurricane will be killed live on the air. This almost happened to Anderson Cooper a few years ago, and the winds weren’t even that high but they were strong enough to blow a piece of sheet metal off its moorings, and it narrowly missed him.
