Bus driver

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.

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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.

MTA BUS DRIVER THREATENED: INJURED WORKER IN THE NEWS, #120

Posted on June 3, 2024 by Edward Singer

Per NBC, an MTA Bus Operator in Los Angeles had a dangerous encounter with a passenger.

The incident was caught on tape. The video showed man banging on the windows of the bus. It was also reported that the man also opened her window and poured beer on her seat. Also it was reported that he continued to make a scene outside the bus. To make matters worse, there was a slow response from both the Police Department and the MTA to the scene. Despite 20 passengers on the bus, MTA officials did not come for an hour. In the end, the frustrated bus driver reportedly said in response to the slow reaction from management” “So my life is not a priority?” The MTA, however, indicated that they had timely notified the police within 5 minutes. NBC

This fact pattern will be discussed under California Workers’ Compensation Law.

Was This A Work-Related Injury?

From the fact pattern, one can initially say that there was no work injury. The reason being is that there was no indication of a medical injury. In the instance, the Bus Operator was frustrated over the incident and had concerns over whether her employer cared about her. These serious matters, however, does not translate into a work injury.

Work Injuries involve a medical diagnosis. Thus, if this Bus Operator was having an emotional reaction to the very stressful events described, then it would have been appropriate for her to request a “claim form” from her employer and ask to be seen by a medical professional. In this circumstance, the MTA would certainly have complied with that request and sent her to a clinic for evaluation and care. In this matter, the totality of the facts would likely be considered with respect to the nature of the stress. The passenger harassment, the beer on her seat, the dealing with the passengers, any delay in the police response, and her employer’s delay to the scene are all factors to be considered.

Thus, if this MTA Bus Operator believed she was injured, it was imperative that she report the injury claim to her supervisor as soon as possible.

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LAX Shuttle Crash With Plane: Injured Workers in the News, #76

Posted on February 15, 2023 by Edward Singer

A LAX Shuttlebus collided with a taxiing Airplane. It was reported that the plane struck the bus. The news account indicated that the cause of the injury was unknown.

As a result of the accident, both the Tug Driver and the Bus Driver may have both been injured and required hospitalization. nypost.com

This article will discuss the nature of fault with respect to an accident and its impact on a workers’ compensation claim.

Even if fault has not been established, can these Injured Workers pursue workers’ compensation claims?

Yes. Workers’ compensation is a “no fault” system. Thus, even if either the tug operator or the bus driver were negligent, both employees can pursue claims with their employer. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

If negligence was established against one of the drivers, can they still pursue a workers’ compensation claim?

Yes. An Injured Worker who got hurt as a result of their own negligence, in general, can pursue a claim. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

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A BUSLOAD OF BUS DRIVERS INJURED WHEN THE WHEELS ON THE BUS DIDN’T GO ROUND N’ ROUND: INJURED WORKERS IN THE NEWS #49

Posted on July 25, 2022 by Edward Singer

A bus load of Bus Drivers were injured when a bus driven by a Bus Driver flipped and crashed. Dailymail.com

It is reported that “the bus had been carrying 37 adults – 36 passengers and the driver – police said. Police had said those on board were employees of the same company, but did not specify the origination. All 36 passengers were treated for injuries at the scene, police said Thursday, with three needing to be hospitalized.” Dailymail.com

This article will address of an issue that results from an industrial accident involving multiple workers.

Is There A Personal Injury Claim that Can Be Filed Against the Bus Driver?

No. It is reported that all of the passengers worked for the same company. Thus, workers’ compensation is the appropriate venue.

Since Everyone Was in the Same Accident, Will They All Receive the Same Recovery?

No. The fact that two individuals are in the same accident does not mean that they will receive the same recovery.

There are many factors that will create different results for disability awards.

Impairments: The body parts injured and the nature and extent of the injuries will determine the disability percentage.

Apportionment: Applicants with pre-existing disabilities or prior work injury awards may have their injuries reduced based upon these factors.

Age: Ratings are determined based upon age. Younger Employers get less value that older workers. This is based upon a table in the SCHEDULE FOR RATING PERMANENT DISABILITIES

Occupation: Ratings are determined by Occupational Group. In this instance, since all of the workers are bus drivers, they will all be assigned a bus driver group number. Had there been other types of workers in the bus, different group numbers would be assigned. Those group number could impact a rating percentage to go up, down or remain the same.

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