TACO BELL SHIFT MANAGER MISTAKENLY CAUGHT UP IN A CO-WORKER DISPUTE AND GETS SHOT: INJURED WORKER IN THE NEWS, #57

It is reported that a Taco Bell Shift Manager was shot in his shoulder by a Co-Worker.

Apparently, the Store Manager disciplined the Co-Worker.   Ater the discipline a Shift Manager then had an interaction with the trouble Co-Worker. This interaction led the disgruntled employee to get upset at the Manager.  The Co-Worker, who supposedly was slacking off on the job, got upset when the Manager told him that he could clock out if he didn’t feel like working.  The upset employee then took out a gun.  The Shift Manager tried to get away.  Unfortunately, he was shot.   It was reported in the article that neither the police or Taco Bell has acknowledged the workplace shooting. abc7chicago.com

This article will discuss what the Injured Worker needed to do when his employer is not taking responsibility for the claim.

When A Claim Is Not Acknowledged, What Should An Injured Worker Do To Get Benefits?

In California, there are disability benefits that may be available to workers.  “Disability Insurance (DI) provides short-term wage replacement benefits to eligible California workers who have a loss of wages when they are unable to work due to a non-work-related illness, injury, or pregnancy.” DIR.  State Disability will be paid when an industrial claim is being disputed.   Technically, an ignored claim is a disputed claim.

How Would An Injured Worker Get Treatment?

There multiple ways an Injured Worker can obtain treatment when a claim is not acknowledged.  An Injured Worker can seek treatment through their health insurance provider.   Also, they may be able to find a provider who can treat them on a lien.  When the claim is resolved, the health insurance or the lien claimant will seek payment from the Workers’ Compensation Insurance.

What Should The Injured Worker Do In This Circumstance?

The Injured Worker should speak to his Store Manager and ask for a DWC-Claim Form.  He should fill out and submit form to his employer.  If the Store Manager is not responsive, he should contact the corporate office for assistance in submitting in a claim form.

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.

ZOO WORKER LITERALLY HAS A BAD HUMP DAY: INJURED WORKER IN THE NEWS, #47

Yes. On a Wednesday, aka Hump Day, it is reported that a Camel bit a Minnesotan Zoo Worker on the head.  The Zoo Worker was dragged about 15 feet. Foxnews.com  Another another co-worker was also bit in the head.  The Injured Worker, who was bit and dragged, was airlifted to a hospital for treatment.  The other Injured Worker declined medical treatment.  The camel reportedly was not injured.

The fact pattern raises many important issues within workers’ compensation.

Who Pays for the Worker’s Airlift to Get Medical Treatment?

In California, medical transportation is considered as part of medical treatment.  As such, if an ambulance or airlifting is medically necessary, the expense is to be paid for by the workers’ compensation carrier.

What Are the Concerns for the Injured Worker Who Was Dragged?

The Injured Worker who was bitten and dragged by the head has multiple medical concerns.  First, there is question as to whether a Camel bite can transmit any blood borne illnesses or infections. Second, there is the question as to whether there was a head injury or trauma.  Third, there is the concern as to whether there was an orthopedic neck injury. Finally, there is a concern that this injury caused an emotional injury.  As such, it is important for the Injured Worker  document with the medical providers all of their complaints.

Is There Any Concern for the Injured Worker Who Declined Medical Treatment?

Yes. Sometimes, at the time of the accident, an Injured Worker may feel that they were not injured.  Sometimes, the next day they start feeling aches and pains from the accident.  Therefore, it is important that the Injured Worker, even though they are not seeking medical attention, fill out a workers’ compensation claim form, a DWC-1,  and note the body parts affected.  In this instance, the Injured Worker should note that they were bitten on the head.

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.

 

DID JOURNALIST DEVELOP WORK- RELATED PTSD? INJURED WORKER IN THE NEWS # 32

A Washington Post Journalist on a MSNBC Meet the Press TV Broadcast revealed that“online harassment targeting her and her family caused her to experience “severe PTSD” and contemplate suicide in the recent past.”   “The MSNBC coverage aimed to detail brutal harassment faced by female journalists — noting data that showed 73% reported experiencing online attacks while doing their jobs.”It is reported that, after the broadcast, she has faced “even worse” treatment the segment.  She reported “If your segment or story on ‘online harassment’ leads to even worse online harassment for your subjects, you f—ed up royally and should learn how to cover these things properly before ever talking about them again.” nypost.comThis fact pattern is interesting with respect to the issue employer notification of injury.   Also, it is important with respect to issues of causation and apportionment.

Can This Journalist’s Television Interview Constitute Notice of Claim?

Possibly.  First, if the interview connected the PTSD to her job, it could constitute a connection of the PTSD to her work duties.   Second, her employer would have had watched the program.   If she had expressed connection, ie my job gave me PTSD, and her boss watched the program, there would be notice of a claimed injury for which her employer should notify their workers’ compensation carrier and provide the journalist a claim form.

This action is based upon Labor Code Section 5402, which provides “(a) Knowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400.”

Why Is Notice of Injury Important?

Under Labor Code Section 5402(b) “If liability is not rejected within 90 days after the date the claim form is filed under Section 5401 , the injury shall be presumed compensable under this division.  The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period.”

If The Journalist Didn’t Really Have PTSD, Would It Matter?

No.  Notice of claimed injury is about a “claimed” injury.  It is not about an actual injury.  Thus, a “claimed injury” whether actual or not is the basis for which a claims’ file should be opened.  At that point, it is the Workers’ Compensation Carrier which must investigate.

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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