Dental

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?

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.

THE “LUCKIEST” WOUNDED EMPLOYEE? INJURED WORKER IN THE NEWS, #42

Posted on June 13, 2022 by Edward Singer

Television Golf Reporter, Sage Steele, sustained an industrial injury when a line drive golf ball struck her in the face at a Professional Tournament. She sustained facial injuries which included dental. She reported that she “the luckiest person in the world to still be here.” Foxnews.com She reported “it is amazing how quickly life can change, right?” She reported that Steele said she has “a long way to go” in her recovery but extended thanks to all those who wished her well and her dentist for his extensive care. Foxnews.com

This fact pattern addresses many issues in workers’ compensation. There are venue issues and treatment issues. This story offers a touch on the reality of the impact of serious work injuries upon an employee.

Where Should This Claim Be Filed?

Jurisdiction and Venue are legal terms which address the location legal action may be filed. In Workers’ Compensation Law, there are several factors which may impact both the state and the location of where an action is filed. Factors that are consider include the location of the employment, the residence of the employee, and the location of the injury. In this instance, Ms. Steele may work out of a particular state, i.e. California. As such, California a proper venue.

Are Dental Injuries Covered Under Workers’ Compensation?

Yes. In California, dental injuries are covered. Thus, dental treatment to cure or relieve from the effects of the injury are to be provides in accordance with Labor Code Section 4600. Dental treatment is subject to Utilization Review. Depending upon the nature of the dental condition, a lifetime award can be provided if medically indicated. For those not having dental insurance, the award of future care can be invaluable.

What Is the Lesson From This Work Injury?

Work injuries can be life changing events. Significant life changes can include permanent medical conditions that can cause pain or impairment. Likewise, serious injuries can end one’s ability to perform their vocation. Ms. Steele’s view of being lucky represents the reality for many workers.

What If I Need Advice?

Southwest Airlines Attendant Sustains Dental Trauma As A Result of Unruly Passenger: Injured Worker In the News, #39

Posted on June 1, 2022 by Edward Singer

It is reported that an Unruly Passenger was sentenced concerning to jail time as a result of an attack of a Soutwest Airline Flight Attendant. The Attendant reportedly received a blow to her face and had some teeth broken. The plea agreement noted that the Flight Attendant suffered three chipped teeth, two of which needed crowns, along with bruises and a cut under her left eye. Dailymail.com

From the facts, the Attendant could sue the Passenger civilly for the tort action of battery. Additionally, the Southwest Airlines’ Worker has a workers’ compensation claim. This article will discuss where the Injured Worker can pursue a workers’ compensation claim as well as the benefits that would be received.

Where Can The Flight Attendant File Their Claim?

Yes. The Flight Attendant has multiple locations at which they may file their claim. For a Workers’ Compensation Appeals Board filing, the venue can be determined by the Worker’s address, the Employer’s address or the location of the injury. Applicant’s attorney’s address can also serve as venue. Since, this accident occurred midair, the location where injury happened is tricky. As such, the Employee’s residence is likely a better choice of venue. As the flight was from San Diego to Sacramento, it is likely that the San Diego WCAB would likely be the venue for the Employee’s address. Likewise, if Southwest Airlines had a terminal at the San Diego Airport, the San Diego Workers’ Compensation Appeals Board would most likely be an appropriate venue as well.

What Work-Related Injuries Can the Flight Attendant Claim?

For the purposes of this answer, we will limit the body parts as reported on the plea agreement. Thus, the Attendant sustained dental injuries as well as a facial/cosmetic injury.

The Injured Worker would have been entitled to dental care to cure or relieve from the effects of the injury as well as permanent disability, if indicated. Likewise, future medical care would be likely should the dental work need repair.

The cut under the left eye may also require cosmetic repair. Thus, medical treatment Also, the cut may have caused permanent cosmetic injury. This may entitle an award of permanent disability depending upon the nature and extent of the defect.

What If I Need Advice?

BURGER INSANITY: INJURED WORKER IN THE NEWS #17

Posted on February 23, 2022 by Edward Singer

It is reported that a Fast-Food Worker was assaulted and shot in the face by twin sisters. This assault was apparently triggered over a dispute over a $3.00 hamburger that was missing from an order. According to the police, the sisters “proceeded to attack (Mr.)Rodriguez and one of them shot him in the face while he was down.” dailymail.com

Videotape showed that the worker was punched in the face, wrestled to the group and shot in the face. The injury was described as “'[t]he bullet went through [his] upper lip and took out [his] upper teeth and cracked [his] bottom teeth, so those will have to be replaced,’ Rodriguez said. He also had to use a neck brace to stabilize a part of his spine which was fractured by the bullet. “ dailymail.com

Can Dental Problems Be Work-Related?

In California, dental injuries are included in workers’ compensation. Therefore, dental care is also included within medical care. So, if the Injured Worker needed to have teeth replaced, it will be done. Likewise, the medical care includes future medical care. So, if any dental repair needs to be done to the repaired teeth, the additional dental care will be provided.

What Type of Workers’ Compensation Injuries May Be Claimed Given These Facts?

From the facts, it would appear that the Injured Worker may have sustained dental injuries, orthopedic injures, possible cosmetic injuries, a head injury and a psychiatric injury. Reporting of medical professionals are necessary to determine the nature and extent of the Injured Worker’s problems.

What If I Need Advice?