A ROBECKS EMPLOYEE’S ENCOUNTER WITH A CUSTOMER DID NOT GO SMOOTHLY: INJURED WORKERS IN THE NEWS #12

A Robeck’s Juice Store Customer’s tirade rocked Store Employees.  He shouted anti immigrant statements as well a profanity.  It is reported he tried to enter the employee’s work area and his tossed and struck an employee with a drink.

The Customer was angry because he believed that the employee who prepared the drink with nuts in it.  His child, with nut allergies, had a reaction and required being taken to a hospital. Anaphylactic shock which can be deadly.

It was reported that he said, ‘Shut the f*** up! Stupid f****** idiot. You’re a f***** idiot. I want the f***** number. Shut up,.the furious customer…, demanding to know the number of the corporate office.  ‘You’re a f***** immigrant loser,’ he then says to one of the employees, prompting the rest of the staff to yell at him to leave the store.  ‘Get the f*** out of here, you f****** b***.’  Dailymail.com

Was There a Work Injury?

In this matter, while the facts are strongly suggestive of a work injury, there is more that is needed.  While a Worker was struck by a drink, the question is whether they sustained  either a physical or mental injury as a result.  The same question is with the tirade as well.

Thus, for workers’ compensation purposes, medical professional reporting of either a physical or mental nature is required.  Unlike a personal injury claim that could arise from the incident, workers’ compensation requires more evidence.  The fact pattern lack medical documentation to indicate whether there is a claim.

If The Worker  Was Wrong In Making the Drink Would That Matter?

With this fact pattern, if the Worker had improperly made the drink, it would not matter. The outburst as a result and the throwing of the drink would still be considered as events that could cause a legitimate work injury.   Workers’ compensation is a “no fault” system.  The interaction was between an Employee and a Customer.

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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