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HAZMAT INCIDENT: INJURED WORKERS IN THE NEWS #127

Posted on July 26, 2024 by Edward Singer

Per the Dailymail.com, more than 50 employees were hospitalized as a result of a “hazmat” incident. This occurred as a drug packaging facility. The incident occurred after a chemical smell was noticed in the facility. Shortly after, workers began to take ill.

The symptoms reported included nausea, vomiting and headaches.

The cause of the incident was still being investigated.

This article will discuss this matter in terms of California Workers’ Compensation Law.

Since These Workers Were All In the Same Incident, Are They All Entitled To the Same Compensation?

No. Each workers’ compensation case’s value is determined by an assessment of each injured worker’s impairments.

Besides their medical impairments, which are determined by physicians or other medical professionals, the value of their case is also based upon adjustments of age and occupation. Thus, older workers can get more money than younger workers with the same impairment. Likewise, workers with a higher occupational variant can get more money than a worker with a lessor occupational variant. For example, an injured person’s back is considered more valuable if they are a warehouse worker than if they were a ticket taker in a movie theater.

Also, there is the issue of impairment. Each individual will be assessed by upon their own individual testing and evaluation. For instance, one injured worker’s pulmonary tests may show a greater impairment than another.

Finally, there are matters of apportionment. In the present fact pattern, an injured worker who was claiming headaches had a pre-existing headache condition. The pre-existing condition may be the basis for reducing the disability percentage.

What If Toxic Exposures Impact Is Not Immediately Present?

In California Workers’ Compensation, in general, an Injured Worker is entitled to pursue a claim during a five year window. Thus, an initial claim can be reopened within five years from the date of injury. Consultation with an attorney is recommended in order to address such matters. There are filing and statute requirements that must be met. Essentially, however, the California Workers’ Compensation System anticipates that some medical conditions may take some time to develop from an occupational exposure.

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.

AN INJURY THAT WAS A WHOPPER! WELL, SORT OF: INJURED WORKER IN THE NEWS #126

Posted on July 26, 2024 by Edward Singer

It is reported in the Nypost.com that an MTA Bus Driver crashed their care after suffering from a medical emergency. Apparently, as a result of the medical emergency, they lost control of their vehicle and crashed it into a Burger King Restaurant. While no Whoppers were damaged due to the store being closed, the Bus Operator was sent for medical attention. The driver was transported to the hospital in critical condition. The medical emergency suffered remains unknown.This fact pattern will be analyzed under California Workers’ Compensation Law.

Was There a Work-Related Injury?

Yes. No. and Yes.

In this instance, there is no evidence that the medical episode had an industrial component. Thus, it is possible that the cause of the medical emergency could be non-industrial and non-work-related. On the other hand, the bus crashing would be considered work-related. Thus, any harm from the vehicle accident would be considered as work-related. Thus, if the driver broke their arm as a result of the crash, that injury would be considered as work-related.

Further, if it was determined that the medical episode had an industrial component to it, then both the episode and the vehicle accident will be considered as work-related.

Given the facts of this case, the insurance carrier would certainly delay the claim with respect to the medical episode to obtain a medical opinion as to whether there was an industrial component. The opinion on industrial causation would come from either a treating doctor or an evaluating doctor.

What If I Need Advice?

A “PRIME” DAY TO GET HURT AT WORK? INJURED WORKERS IN THE NEWS #125

Posted on July 18, 2024 by Edward Singer

A news account reported that Amazon’s Prime Day event is a major case of injuries for United States’ Warehouse Workers. This revelation comes from findings made from a year-long Senate committee investigation.

Two things within the report were interesting. The first was: : “During peak seasons, the company skirts and sometimes even
outright ignores critical safety protocols. One worker’s Prime Day experience shows how dangerous the company’s disturbing culture of “constantly bypass[ing] safety in favor of productivity” Senate Interim Report

Also, it report noted: “Critically, although Amazon’s total injury rate includes minor injuries, such as bruises and superficial cuts, it also includes serious injuries, such as torn rotator cuffs and concussions, which the company should have treated as recordable injuries. This is due both to Amazon’s practice of failing to refer workers for outside medical care and the company’s troubling history of under-recording injuries as required by federal and state regulations.” Senate Interim Report

Is By-passing safety in favor of productivity a Workers’ Compensation Concern?

Yes. In California Workers’ Compensation, there is an additional allegation that can be made against an employer. It is called Serious and Willful Misconduct. Labor Code Section 4553, provides that “the amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative, (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof, (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof..

Whether the cause of an injury is at the level to be found as a serious & willful misconduct is something addressed by the trier of fact. Further, a factual analysis must be done to establish it.

Why Is Injury Reporting Important For Injured Workers?

For Workers’ Compensation purposes, injury reporting is important. Injury reporting is done through a claim form called a DWC-1. The injury reporting entitles the injured worker to received medical treatment paid for by the employer per Labor Code 5402. Likewise, the claim form triggers the investigation period to accept or deny the claim.

Within the facts presented, it is not indicated whether the injuries were documented as work-related claims. Assuming that the injuries that were unreported to Federal Agencies were provided medical treatment by Amazon, it is likely that Amazon employees were provided a claim form to report the injury.

What If I Need Advice?

RESTAURANT EMPLOYEE PUNCHED IN RANDOM ATTACK: INJURED WORKER IN THE NEWS #124

Posted on June 27, 2024 by Edward Singer

This fact pattern will be analyzed within California Workers’ Compensation Law.

What Did The Worker Get Wrong?

In California Workers’ Compensation Law, Labor Code Section 5402(c)(2) provides that “within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000).”

In this circumstance, the Bartender should have submitted a claim. His employer would then have been responsible for paying for the ambulance and the medical care required to treat his injuries. Additionally, in California, there is a Victim’s of Crime Board that could have taken care of the medical bill.

Beyond Treatment, Why is Medical Care Important?

Medical care, in workers’ compensation, also is a source of evidence. Medical reports are considered as evidence concerning injury. In this instance, physical signs, such as bruising, as well vital signs, i.e. blood pressure, are documented.

What If I Need Advice?

SOCIAL WORKER TRAGICALLY DIES: INJURED WORKER IN THE NEWS, #123

Posted on June 20, 2024 by Edward Singer

A Social Worker tragically died. Per the Nypost.com, the Social Worker knocked on the wrong door during an in-field appointment to visit a client. As a result of this, the Social Worker was assaulted. The individual l repeatedly punched her. He then kicked her with heavy boots. She sustained a severe brain bleed, swelling of the brain, and multiple facial fractures. She survived for approximately one month before dying.

This case will be analyzed under California Workers’ Compensation Law.

If the Social Worker knocked on the Wrong Door, Does That Matter?

No. California Workers’ Compensation is a “no fault” system. Therefore, if the Social Worker made a mistake in knocking on the wrong door, it would not preclude her from having a valid claim.

Are There Two Types of Cases Here? Why?

In this fact pattern, there are two workers’ compensation claims. One is considered as the “live” claim and the other is a “death” claim. The “live” claim is one that considers the Social Worker’s disability prior to her death. During that period of time, it would appear that she was totally temporarily disabled. Thus, she would have been paid short term workers’ compensation benefits. These are referred to as TTD benefits. Further, it would appear that this Social Worker received substantial amounts of medical care while they were trying to keep her alive. This medical expense should also be considered as part of the “live” case.

Beyond the “live” case, there is also the “death” claim. The “death” claim serves two purposes. First, it is designed to compensate the Injured Worker’s dependents. The nature and extent of dependency, however, is something that is defined within workers’ compensation law. Also, time periods involved are of import. Also, the dependency payments are determined by various formulas. Also, the “death” claim includes the payment of burial expenses.