A Mexican Restaurant- Taco John’s-was on the verge of being renamed Taco Hell. Reportedly, an infestation of unruly teenagers was turning a paradise of guacamole and fajitas into purgatory.
According to the Nypost.com, there were multiple events which involved activities such as middle school students stealing soda and condiments. The teens were accused of leaving huge messes and disrespecting employees. They also made problems in the lobby. On one occasion, a rock was tossed at am employee.
This article will discuss the nature of workers’ compensation stress claims in a hostile work environment.
Can This Conduct Give Rise To A Workers’ Compensation Claim?
Yes. If this matter happened in California, the Food Service Workers at the establishment might have claims for stress. Certainly, the teens’ reported horrible conduct could certainly trigger emotions that could lead to a full blown psychiatric disorder. The activities alone, however, are insufficient to prove a work-related injury claim. Injured Employees must have must have an actual medical diagnosis, i.e. anxiety disorder. These diagnoses are opined by medical professionals.
What Type of Injury Claim Would It Be?
Workers’ Compensation has a variety of ways to please claims on the workers’ compensation DWC-1 form. Give these fact pattern, there is likely both cumulative traumas or specific incidents that occurred. For instance, a “specific” injury might have occurred to the worker who was subjected having a rock launched at them. With respect to the workers who had to frequently address the messes left behind by the allegedly devilish teens, their complaints would be along the lines of a cumulative trauma claim.
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.