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Video Broadcast Claims With Some Serious Reservations Runtime 2:36 Real Media 56k | Broadband Windows Media Player 56k | Broadband Quicktime 56k | Broadband

Indian gaming has flourished in California recently as a result of favorable legislative circumstances. But as the ranks of casino employees have grown, so to have the claims, which are settled under the tribal system. Granted, the state workers’ compensation isn’t squeaky clean, but the tribal system which is supposed to be comparable to the state’s as far as benefits go, has it’s own unique drawbacks.

Indian casinos, viewed by some as the “new buffalo,” are a single source capable of feeding and clothing Indians. But for the 90 percent of the workforce that supports the casinos who aren’t Indian, once a claim arises, some have felt like they’ve been trampled under the feet of the buffalo.

The Sacramento Bee recently highlighted a few unique cases where casino employees were not exactly extended the proverbial peace pipe after they were injured on the job.

One lady who worked at the Jackson Rancheria Casino in Amador County slipped while working behind the bar and tore a ligament in her knee. Her claim was denied because she had a pre-existing scar from when she skinned her knee as a child.

Another employee at the same casino filed a claim for a back injury he sustained on the job. The claim was denied and he finally had to quit his job because the pain was unbearable.

One lady who worked at the Fantasy Springs Casino in Indio said she received $680 a month after her right hand was smashed in a slot machine. But that soon ended, and she was left with enormous medical bills and no job.

And finally a lady who worked at the Pala Casino in Ontario lost her job after she fell and broke her shoulder at work. Due to her injury and a mild case of paralysis she sustained from a childhood illness, she could no longer drive to work. She was then fired and her compensation payments stopped.

Even if there is a way, these people felt that there was no way for them to appeal their claims once a decision was made. They also complained that there wasn’t an option for reassignment, nor for vocational rehabilitation.

These cases may not represent all the Indian casino claims as a whole, but they are a wake-up call for all who work or are considering employment at a casino on a reservation. For many there is no choice, that’s where the jobs are.

Indians enjoy sovereign immunity to California’s labor laws and many other laws. When you cross over onto the reservation, you are in essence in a different county where different rules and laws apply.

As the workforce surge continues at Indian casinos the flow of claims will also increase. So just a word to the wise, if you work where the buffalo roam, just hope that you can get back up after one runs you down.