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CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

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.

SHELTER WORKERS AND JOB STRESS: PSYCHIATRIC INJURIES FOR SHELTER WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on December 7, 2021 by Edward Singer

Animal Shelter Workers perform an essential role in society. Dealing with abandoned or unwanted animals can be difficult. This difficulty exposes Shelter Workers subject to unique levels of emotional stress. If this emotional stress gives rise to an emotional injury, a the Worker can file a Workers’ Compensation Claim to obtain necessary treatment and benefits. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

This article will discuss the particular stressors and the psychiatric medical condition that they are at risk of developing.

What Are Stressors Unique for Animal Shelter Workers?

Exposure to Animal Suffering: Animals turned into shelter may be ill or abused.

Exposure to Animal Death: Animals may either be euthanized or die naturally.

Caring: Workers are emotionally invested in both the animals’ care and welfare

Burnout: Workers are required to continuously engage in the activities listed above

What Emotional Problems Can Develop?

It has been found that Animal Shelter Workers are at “five times greater risk of developing Post-Traumatic Stress Disorder as compared to the national average.” Their level of PTSD is along the lines of safety officers. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

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WAS AN AMAZON EMPLOYEE FATALITY AN INDUSTRIAL EVENT? INJURED WORKERS IN THE NEWS #2

Posted on November 23, 2021 by Edward Singer

An Amazon Worker in New York City was fatally struck. It was reported that they were hit by an unlicensed driver who was a co-worker. At the time of the accident, the 24 year-old Amazon Worker was crossing a street at 11:30pm outside of the the Amazon Fulfillment Center. The worker was brought to the hospital but did not survive. nypost.com

Workers’ Compensation requires that an accident, to be compensable, be one that “arises out of and is in the course and scope of employment.” Benefits will only be paid if it is legally recognized as industrial. The tragic story from New York illustrates an instance where the injury is not disputed. The Worker’s activity, at the time of the injury, however is questionable as to whether it should be considered as work-related.

Was This a Work-Related Event?

The answer is maybe. An in-depth factual analysis is necessary.

Was the Amazon Worker leaving work for the day?

Was the Amazon Worker going on a break?

Was the Amazon Worker on the clock?

Where was the Amazon Worker going?

Was the street being crossed dangerous?

Was the street considered part of the facility?

For the purposes of this question, the following facts will be assumed: the worker had finished work and was exiting to obtain transportation home. With these facts, the one issue of import was the time of day she was crossing the street. Likewise, the nature of the street is of import.

While “going and coming” from work can bar a workers’ compensation claim, there are exceptions to the rule. one exception is the “zone of danger” or the “field of risk” rule. thus, if a worker’s travel puts them in a “zone of danger” or “field of risk” to get to or leave the employer’s facility, the claim may be considered industrial.

In this matter, there may be compelling facts to find the injury industrial. Crossing a street at a late hour when it was dark may provide solid evidence to lead a trier of fact to find that the “zone of danger” or “field of risk” exception applies.

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COVID-19, HEALTHCARE WORKERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on September 28, 2021 by Edward Singer

A recent Occupational COVID-19, Study addressed Coronavirus Work Injury Claims for Health Care Workers. The study was done in Germany. Nienhaus A. COVID-19 among Health Workers in Germany-An Update. Int J Environ Res Public Health. 2021 Aug 31;18(17):9185. doi: 10.3390/ijerph18179185. PMID: 34501773; PMCID: PMC8431697.

Healthcare Workers, being on the front line of medical care, are at significant risk for industrial COVID-19 infection injuries. Infection rates appear to be different for each particular Healthcare Occupation. Infection risk differs from support staff workers to nurses to doctors. Likewise, the Healthcare Worker’s workplace can impact the infection risk. Facility types, i.e. hospital, nursing home, etc, can play a role in infection rates.

This article will discuss the study which addresses Healthcare Workers and their industrial COVID-19 infection rates.

What Health Care Facilities Are Impacted?

The study showed that “most claims concern inpatient and outpatient nursing (39.5%) or clinics (37.6%).” Supra.

In contrast, medical practices are not subject to as many claims. It was reported that “As few as 3.2% of the claims concern medical practices.” Supra.

In other words, it appears that facilities which address extended patient care have greater rates than mere evaluations or examinations.

What Was the Claims Acceptance Rate for Occupational Injury?

It was reported that “.. 77.5% of all claims were assessed, and in 81.4% of these, the OD(Occupational Disease) was confirmed.” Supra.

Thus, it appears in Germany that there is wide acceptance of industrial claims of injury for COVID-19.

How Are Healthcare Workers Impacted?

Nursing is the profession most impact with 68.8% of the cases. Supra.

Hospitals had the highest claims rates with 41.3 claims per 1000 full time workers. Supra.

What Was Treatment Severity?

It was reported seventy-seven workers died (0.09%) and three hundred and seventy-five (0.4%) were hospitalized. Supra.

The majority of workers got treatment clinics (52.3%) and inpatient and outpatient care facilities (28.0%) Supra.

What Percent Claims Considered as Industrial?

A total of 65,693 (77.5%) claims were assessed, and for 81.4% of these claims, the Occupational Disease was confirmed. Supra.

Where Was the Highest Frequency of Claims?

The Occupational Disease rate per 1000 full time workers highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

Where Were the Highest Claims Rates?

The Occupational Disease rate per 1000 full time workers was highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

The hospital breakdown was per 100,000 full time workers highest for clinics (25.4), followed by inpatient and outpatient care (10.5) and medical practices (8.7). Supra.

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WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

Posted on August 30, 2021 by Edward Singer

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee. The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.” It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits. There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.” In California, it is possible that a Business Owner can be covered under workers’ compensation. Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee. This must be arranged within the policy’s terms. If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes. If his son was a company employee, he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event, it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted 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 Either The Owner or Son Could Collect?

Even if the Owner or the Son are not considered an Employees, 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.

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