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WORKERS’ COMPENSATION IN THE NEWS #7: WHEN LIFE SAVERS LOSE THEIR LIVES

Posted on September 10, 2021 by Edward Singer

A California Firefighter recently died when battling the State’s second largest wildfire, the Dixie Fire.

While the individual who died was not identified, it would appear that he worked for CALFIRE and was an Assistant Fire Engine Operator with the Lassen National Forest. It was reported that he suffered from a previous illness. Foxnews.com

What Type of Claim Can Be Filed When A Worker Dies?

In the event of a death, the Injured Worker’s dependents may pursue death benefits. Dependency can vary depending upon a variety of factors. These factors include the amount of support provided, the dependent’s age and the dependent’s marital status.

If Someone Had a Pre-Existing Medical Condition and Dies On the Job, Would That Impact a Death Claim?

Possibly. If work had a causative role in the death, then death benefits would be indicated. If work had absolutely no causative role, then a death claim may not be viable. The causation decision is made per medical opinion and legal statutes. For example, for certain firefighters, a heart presumption applies. This presumption can impact the medical provider’s opinion on causation.

For Firefighters, Are There Special Benefits in the Event of Death Claims?

For certain Safety Members, there are special benefits that apply. For certain dependents, they may be eligible for a special death benefits retirement through CALPERS. In that circumstance, a dependent will have to choose a special death benefit pension versus workers’ compensation death claim. Other dependents may have to pursue death benefits via the workers’ compensation appeals board. See Jones v. CDCR Kern Valley State Prison, 2014 Cal. Wrk. Comp. P.D. LEXIS 461

Are Burial Expenses Provided?

Yes. Workers’ compensation death cases provide for burial expenses. The current amount of the expenses is $10,000.00.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #5 : WHERE ARE MY DOGGONE BENEFITS?

Posted on August 17, 2021 by Edward Singer

Lady Gaga’s Dogwalker was in the news. He was shot and left for dead while trying to prevent the dogs from being stolen. The DailyMail.com recently reported he has launched a GoFundMe to help cover the costs of a road trip he’s taking to heal his ’emotional and mental health’. [Mr.]Fischer shared that the van he’s been traveling in for two months has broken down and he needs financial support.”

Are There Any Benefits That Mr. Fischer May Receive Through Workers’ Compensation?

Yes. However, Mr. Fischer would have to prove that he was an employee of Ms. Gaga at the time of the incident. This would require a factual analysis concerning what he services he performed and how he was compensated. It is possible that he could be considered as an employee and be entitled to workers’ compensation benefits. This would include payment of benefits and medical care.

If It Was A Workers’ Compensation Claim, Is There Anything Unique That Would Apply?

Yes.

In light of the fact that it was a shooting, a psychiatric injury may have occurred. California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3.

Beyond Workers’ Compensation, Are There Any Other Benefits That Someone Could Obtain In the Event of A Robbery and Shooting?

Even if he is not considered an Employee, there is a special Victims Compensation Board Program in California. The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

What If I Need Legal Advice?

WCITN #4: Black Bear Problem On Aisle 3

Posted on August 12, 2021 by Edward Singer

While there were no work injuries, it was one that was quite memorable day for the Ralph’s Supermarket Employees at the Porter Ranch, California location. A Black Bear went grocery shopping. Brave workers were able to chase the 125 pound wild animal out of the store. Eventually, wildlife officials were able to take the animal to a safe location. alt987fm

It is quite possible that the store employees or the wildlife officials could have injured themselves when they encountered the animal.

Are Animal Related Injuries Worker’ Compensation?

Yes. Workers who are injured by animals at work can qualify for workers’ compensation benefits.

What Types of Injures Can be Animal-Related?

There is a wide variety of ways a Worker can get injured by Animals.

Allergic Reactions: This can include Cats, Dogs and Horses for dander, Fish, Shellfish and Insects
Attacks: This can include Cows, Cattle and Dogs.
Bites: This can be from Cats, Dogs, and Insects
- These bites can include venom. Bites can cause illnesses such as Lyme disease or Rocky Mountain Spotted Fever.
Exposure/Inhalation: Workers can experience respiratory diseases as a result of exposure to animal products, dust, pathogens or chemicals(pesticides/disinfectants.)See Occupational Health (M Friesen and K Applebaum Section Editors) Published: 10 December 2019 Recent Research on Occupational Animal Exposures and Health Risks: A Narrative Review Caroline Dignard & Jessica H. Leibler Current Environmental Health Reports volume 6, pages236–246(2019)
Falls: Workers can fall off of ladders when being distracted by insects or fowl.
Goring: This can occur in the rodeo settling.
Interference: This can occur during transportation. For example, Animals on roads causing drivers to swerve or stop.
Lifting: Certain Job tasks involve the lifting of both live and dead animals
Mechanical Interference: Animals getting into machinery causing dysfunction. For example, Birds getting sucked into jet turbines.
Scratches: Scratches from cats can cause disease.

What If I Need Legal Advice?

HEALTHCARE WORKERS, VIOLENT PATIENTS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on July 26, 2021 by Edward Singer

Healthcare Systems have a high incidence of workplace violence. Healthcare Workers experience five times the amount of violence in comparison to the average worker in the United States.

Violent acts can cause work injuries both of a physical and mental nature. Healthcare Workers, in these circumstances, may seek medical treatment and compensation via Workers’ Compensation.

This article will discuss the nature of the term “violence”, a worker’ compensation law addressing violent acts, the nature of violent encounters, and the rates of violence.

What Is Violence?

Violence can mean different things. There is physical violence, i.e. a patient striking a nurse, and there is verbal violence, i.e. a patient threatening a nurse’s life.

Research has a more expansive definition. ” In the most basic of explanations, violence may present in the form of verbal threats, aggressive language, or escalate to physical assault.”

“Verbal harassment includes racial slurs, attacking appearance or perceived sexual orientation, cursing, yelling at, or berating another person.”

“Sexual harassment includes unwelcome sexual advances, insulting gestures, and verbal or physical conduct of a sexual nature.”

“Verbal threats include statements of intent to cause harm, and threatening body language or gestures.”

“Physical violence includes spitting, biting, pulling hair, and any other type of unwanted physical contact intending to cause harm.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Comment: The definition of violence used by researchers is quite expansive nature. .Harassment such attacks on race, gender or sexual orientation have been included.

How Does Workers’ Compensation Laws Address Violence?

California Workers’ Compensation Law addresses both the physical and verbal aspects of violence. Workers’ compensation claims can be filed for injuries that are physical in nature. Thus, if a nurse was assaulted and hurt their back, they can get treatment and compensation for the claim. Further, a nurse was subjected to racial harassment, they would be able to pursue a psychological or stress injury. Sometimes, violence can lead to both physical and mental injuries. A claim can include both types of injuries.

Are There Any Special Laws Concerning Violent Acts?

Yes. The threshold for psychiatric claims of injury is lowered if there is a claim of violence. Labor Code Section 3208.3 provides that “ in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” Substantial is defined as 35 to 40 percent.

How Significant Is It Within the Health Care Industry?

“In 2016, health care workers made up 69% of all reported workplace violent injuries, according to the Bureau of Labor and Statistics.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

In sum, an overwhelming amount of workplace violence occurs within the healthcare profession.

Are There Different Violence Rates Among Occupation?

Yes. Violence rates can vary based upon occupation and sex.

Paramedics

They are subject to the highest amount of verbal violence

Nurses/Physicians

They are subject to the highest amount of verbal threats

Nurses

They have the highest rate of violence threats by visitors.

Female Nurses

They are at far greater risk of being a victim of violence versus their counterpart.

Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Who Commits the Violence in Healthcare Settings?

Males, 35 years and younger, have been found to be the highest offenders of violence against healthcare professionals.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

It has been found that 9 factors can be indicators of violence at the time of admissions. These include a “diagnosis of psychosis or bipolar disorder, history of psychiatric disorder, male gender, age younger than 35 years, below-average intelligence, no history of employment, homelessness, and agitated behavior.” .” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

What Are the Causes of Violence in the Health Care?

The Healthcare system, but its very nature, has elements that can contribute to violence. These include “[[l]ong waiting times, lack of security, lack of adequate staff, and patient areas being open to the public.” .” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Are There Other Factors that Can Impact Violence in Health Care?

“There are many factors thought to increase the risk of violence among ED workers, including an increased number of patients and visitors using alcohol and drugs, psychiatric disorders, dementia, the presence of weapons, stressful environment, overcrowding, prolonged waiting times, and flow of violence from the community into the ED.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Is There Anything Special About Emergency Departments?

Emergency Departments have a number of factors that can contribute to violence they can include “an increased number of patients and visitors using alcohol and drugs, psychiatric disorders, dementia, the presence of weapons, stressful environment, overcrowding, prolonged waiting times, and flow of violence from the community into the ED.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

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 over 27 years. Contact us today for more information.

WCITN #3: Even Superheroes Get Hurt: What You Need to Know

Posted on July 21, 2021 by Edward Singer

Holy Cow Batwoman! Pow, Kabam! Ouch!

Ruby Rose, who played Batwoman, on the CW Television Show reported that she sustained two injuries while working on the program.

While wearing a latex Batwoman Mask, she developed an allergic reaction. She also had an accident on the set which required back surgery. foxnew.com

Can An Allergic Reaction Be An Industrial Injury?

Yes. Allergic reactions can be work-related injuries. If so, the Injured Worker will receive medical treatment paid for by the insurance company as well as monetary compensation.

Allergic Contact Dermatitis (ACD) is an inflammation of the skin caused by an immunologic reaction triggered by dermal contact to a skin allergen. For ACD to occur, a worker must be first sensitized to the allergen. Subsequent exposures of the skin to the allergenic agent may elicit an immunologic reaction resulting in inflammation of the skin. The reaction is not confined to the site of contact and may result in systemic responses. ACD may be caused by industrial compounds (i.e. metals, epoxy and acrylic resins, rubber additives, chemical intermediates), agrochemicals (i.e. pesticides and fertilizers), and commercial chemicals.

A common allergic reaction is latex allergies. Per the CDC, Latex Gloves have proved effective in preventing transmission of many infectious diseases. But for some workers, exposures to latex may result in allergic reactions. Reports of such reactions have increased in recent years–especially among Health Care Workers.

Can An Accident at Work Be An Industrial Injury?

Yes. Workers’ Compensation is “no fault.” Thus, if Ruby Rose had hurt her back by an accidental trip, she would still be able to have a valid claim. The claim would have paid for her back surgery, paid her compensation for her time off of work as well as provided her additional benefits.