EMPLOYER LIABILITY IMPACTS JOBS: INJURED WORKERS IN THE NEWS #111

Contra Costa California Library Workers are impacted by liability concerns. It is reported that “[a] California library is shutting down because rampant criminal activity has threatened patrons and employees.” The decision to close the Antioch Community Library branch on Saturday was made after “repeated dangerous incidents,” NBC

This article will discuss how liability impacts employer’s decisions and how it affects employees.

What Is Liability?

Liability essentially means that an individual or entity can be legally responsible for certain events.  In the employment setting, employers have responsibility to provide workers’ compensation coverage to their employees.  Further, workers’ compensation, in California, is a “no fault” system. Thus, liability is expansive.  This is especially the case when there are “dangerous” work conditions.  Beyond mere liability, employers who knowingly place their employees in their danger can be subject to an additional claim of “serious and willful misconduct.” Thus, not taking care of a dangerous work hazard can caused heightened liability.

How Far Does Liability Extend?

In the case of the library, liability can extend out to the premises.  Thus, the library’s parking lot could be a location upon which an employee could claim injury.

Did Knowledge of the Dangerous Conditions, Impact the Library’s Decision?

Yes. The Library, without instituting new safety measures, could be exposing themselves to additional liability.  Thus, it was prudent for the library to institute changes.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

ELDERLY SUBSTITUTE TEACHER BEATEN BY “MAN CHILD”: INJURED WORKER IN THE NEWS, #110

A 74 year-old Substitute Teacher was beaten by a 280 pound student.  Dailymail,com. As a result of the assault, the High School Teacher sustained severe facial injuries.  The news reporting did not indicate as to whether there were additional injuries.

This article will discuss the issues that present under this fact pattern within the context of California Workers’ Compensation Law.

Should the Fact that the Worker is a Substitute Teacher Matter?

Yes. Workers’ Compensation benefits are based upon an Injured Worker’s Average Weekly Wage. As such, a “red flag” is raised with respect to a Substiute Teacher. There are questions as to whether they were a full-time or part-time worker?

Also, did the Injured Worker have any other income from additional employment?

Also, an issue to be raised as to whether the work was seasonal or year-round.  It is possible that benefits can be cut off during a period when school is not in session.

Does the Teacher’s Advance Age Matter?

Yes.  An individual’s rating percentage has an age component.  In this matter, the Injured Worker’s rating would be the highest based upon his age adjustment.

What Type Of Injuries Are There In This Matter?

Give this fact pattern, there is a cosmetic injury, a possible head injury and a possible psychiatric injury. These diagnoses are to be issued by medical professionals.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

McDonalds’ Workers Serving Up Unhappy Meals? Injured Workers In the News, #109

A problematic workplace has plagued an Australian McDonalds.  Alleged rat infestation created workplace disharmony along with “… falling ceiling tiles, exposed wiring, and broken air conditioners that are subjecting workers to unnecessary risks.” News.com.au

This article will discuss how whether these  workplace problems necessarily translate into workers’ compensation claim for work injury.

Do These McDonalds’ Facts Constitute a Work Injury?

With California Law, horrible work conditions do not automatically translate into work injury claims.  Dangerous work conditions are a matter for the Department of Industrial Relations.   In California,  the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA,  protects and improves the health and safety of working men and women and the safety of passengers riding on elevators, amusement rides, and tramways. This is achieved in a variety of ways including setting and enforcing standards, providing outreach, education, and assistance Issuing permits, licenses, certifications, registrations, and approvals.  While there may not be any physical injuries, the conditions may warrant inspections and fines.

Could These Facts Lead to A Work Injury?

Yes. These facts could not only lead to work injuries, but they could also lead to a claim of Serious and Willful Misconduct.  Ceiling tiles can fall and injure workers.  Workers can trip and fall on exposed wires.  Further,, employees can develop heat stroke while working in hot conditions. Finally, there is the possibility an employee could get an infection or disease as a result of the rodents.  Finally, these conditions might be so horrible that the workers might suffer emotional stress to the extent that they develop a mental disorder. Any mental disorder claim should be supported by the opinion of a mental health practitioner.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

deeply worried old man consoled by his wife

HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108

Long Beach High School Basketball Coaches are reportedly getting  harassed on the job. It has been reported reported that a second coach recently resigned.

With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,”  Nbc News.  The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News.  The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.

This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.

Can Someone File a Stress Claim If They Resign?

A resignation due to stress would not bar a workers’ compensation claim.  An Injured Worker can pursue a claim regardless of their employment status.  In this instance, the claim would likely be a stress or psyche claim.  Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.

Can Someone Claim Benefits If They Are A Volunteer?

Yes. It is possible that a Volunteer can claim workers’ compensation benefits.  There are some provisions that allow volunteers to file claims. These individuals should check  with the HR department to see if they are eligible.

Does Parental Harassment Constitute Job Stress?

Yes. Parental harassment would be considered as an industrially related stress.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

workers compensation

TACO HELL? INJURED WORKERS IN THE NEWS, #107

A Mexican Restaurant- Taco John’s-was on the verge of being renamed Taco Hell.  Reportedly, an infestation of unruly teenagers was turning a paradise of guacamole and  fajitas into purgatory.

According to the Nypost.com, there were multiple events which involved activities such as middle school students stealing soda and condiments.  The teens were accused of leaving huge messes and disrespecting employees.  They also made problems in the lobby.  On one occasion, a rock was tossed at am employee.

This article will discuss the nature of workers’ compensation stress claims in a hostile work environment.

Can This Conduct Give Rise To A Workers’ Compensation Claim?

Yes. If this matter happened in California, the Food Service Workers at the establishment might have claims for stress.  Certainly, the teens’ reported horrible conduct could certainly trigger emotions that could lead to a full blown psychiatric disorder. The activities alone, however, are insufficient to prove a work-related injury claim.  Injured Employees must have must have an actual medical diagnosis, i.e. anxiety disorder. These diagnoses are opined by medical professionals.

What Type of Injury Claim Would It Be?

Workers’ Compensation has a variety of ways to please claims on the workers’ compensation DWC-1 form.  Give these fact pattern, there is likely both cumulative traumas or specific incidents that occurred.   For instance, a “specific” injury might have occurred to the worker who was subjected having a rock launched at them.  With respect to the workers who had to frequently address the messes left behind by the allegedly devilish teens, their complaints would be along the lines of a cumulative trauma claim.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

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