Concussion

MASCOT PUNCHED OUT: INJURED WORKERS IN THE NEWS, #87

Posted on June 14, 2023 by Edward Singer

During a planned skit, the Miami Heat NBA Team Mascot got a rude awakening. According to reports, he was belted by a famous mixed martial arts champion. As a result of two punches that were struck, the Mascot was hospitalized and provided pain medication. It is reported that he will not be missing anytime as a result of the injury.

Can The Mascot Sue The MMA Fighter?

Possibly. It is reported that this matter was a publicity stunt. It is possible that the MMA star could also be an employee of the same company that the Mascot worked at. If this matter was in California, the exclusive remedy rule may be in play and the Mascot would be limited to pursuing the workers’ compensation claim. On the other hand, if the MMA Fighter was not employed by the same company, he could be sued via a civil suit.

What Would The Mascot’s Occupational Rating Group Be In This Instance?

In California Workers’ Compensation, there is the dual occupation rule. In this instance, the Mascot, at the moment of injury, was in essence working as a Stunt Person. The question is “whether a Stunt Person’s Occupation group get the Mascot a better rating?” In order to figure this out, the parts of the body to be rated would be necessary.

Are There Any Other Issues On This Claim?

A possible issue in this matter is the Mascot’s wages. It is possible that the Mascot job may not be a full time position. It is likely that the Mascot has some other employment. In California, there is a special formula that is used to calculate wages in this circumstance.

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 30 years. Contact us today for more information.

ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82

Posted on May 1, 2023 by Edward Singer

A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield. It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com

If No One Really Knows How The Rock Hit The Windshield, Does It Matter?

No. Workers’ Compensation is a “no fault” system. The regardless of how and why the rock struck the windshield, it did cause an injury. Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.

Where Can The Claim Be Filed?

Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws. Thus, the Driver must determine which State will serve as the venue. There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened. Thus, an analysis should be done with respect to this issue prior to filing the claim.

What Injury Claims Does This Worker Have?

In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness. Usually, the loss of consciousness usually indicates that that he suffered a concussion. Likewise, he may have suffered a vision injury. Further, he suffered a cosmetic injury due to 27 stitches on his face. Possibly, he may have also suffered a dental injury. Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim. Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.

What if I Need Advice?

ANAHEIM LIBRARY WORKER SUCKER PUNCHED: INJURED WORKER IN THE NEWS, #25

Posted on March 25, 2022 by Edward Singer

On March 3, 2022, in the City of Anaheim, a Library Patron forcefully pushed a library employee. As a result of the assault, the employee fell back and he hit his head on the tile floor. It is reported that he sustained injury with both a cut on his head as well as a possible loss of consciousness. foxla.com

This fact pattern involves the issue of a neurological injury. Head injuries are unique injuries. They are referred to as Traumatic Brain Injuries or TBIs.

What Is Special About Head Injuries?

Head Injuries are serious injuries. Head injuries can result in concussions. Concussions do not necessarily require that an individual have a loss of consciousness. Therefore, in light of how the accident happened, this Injured Worker should be assessed as to whether he sustained a neurological injury. He should be evaluated specifically by a neurologist.

Per the Mayo Clinic, “[a] concussion is a traumatic brain injury that affects your brain function. Effects are usually temporary but can include headaches and problems with concentration, memory, balance and coordination” mayoclinic.org

What If I Need Advice?