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CEMETERY WORKER CATASTROPHE: INJURED WORKER IN THE NEWS #16

Posted on February 22, 2022 by Edward Singer

In New York City, a Cemetery Worker was crushed by a headstone weight 2,000 pounds. At the time, she was clearing graves. It is reported that the 53-year- old worker was a mother of 5 and that one of her sons was working with her at the time.

Sadly, she died shortly after she was brought to the hospital. It is reported that both the worker and her son worked for a third-party company. The family is suing the cemetery. Dailymail.com

How Can the Family Sue the Cemetery?

In this instance, the Cemetery Worker was employed by another company and not the Cemetery itself.

Frequently facilities, such as Cemeteries or Malls may contract with outside companies to perform maintenance or janitorial work. Thus, the Cemetery Worker’s family can seek workers’ compensation benefits against her actual employer, the outside company which provided the maintenance, as well as the Cemetery. The Cemetery, given the facts, would be considered as a Third Party. The suit against the Third Party would be for personal injury as opposed to a workers’ compensation 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.

4 California El Cajon Plane Crash Victims: Injured Workers in the News, #8

Posted on January 4, 2022 by Edward Singer

It was recently reported that both Flight Nurses and Pilots died in a tragic jet plane crash in San Diego. “[T]he twin-engine jet was registered to El Cajon-based Med Jet LLC.” kmph.com

The plane crash constitutes a work-related accident. Dependents of the deceased workers can seek compensation as well as obtain burial expenses to cover the funeral. With the limited facts from the news reports, it appears that employment and jurisdiction issues may exist.

Who Are Flight Nurses?

Flight Nurses provide medical care during transportation of patients. Flight Nurses can serve on fixed wing planes, jet planes and helicopters. Flight Nurses can operate out of a base location. From that location, they can travel throughout the world to provide this assistance.

For example, individuals having a medical event or accident on vacation may need to be transported home.

Is There A Particular Issue with Flight Nurses?

Yes. Jurisdiction is an issue that may come up with Flight Nurses. While they may be based in a particular state, work injuries can occur in other states. Thus, a legal dispute may arise as to which state has jurisdiction to adjudicate the claim. In some instances, multiple states may offer jurisdiction. Jurisdiction is the legal term used for the “correct” location to file the action.

In the present matter, it is not clear whether the Flight Nurses lived in California. If they did, a California workers’ compensation claim could be filed. From the facts, they may be been employed by Med Jet LLC which operates in California. Thus, this is also a basis for California jurisdiction.

Who Is the Employer?

While the plane was registered by Med Jet LLC, it is not clear from the news accounts that the company employed the nurses. A determination needs to be made as to who was their employer.

Are There Other Causes of Action?

In this matter, there may be a variety of causes of action. If the nurses did not work for Med Jet LLC, there might be a cause of action against the plane’s owner. Further, if the pilots were not co-workers, a cause of action may be applied against them. Likewise, there might be a product’s liability claim against the plane’s manufacturer.

What if I Need Advice?

CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

What If I Need Legal Advice?

WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

Posted on August 30, 2021 by Edward Singer

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee. The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.” It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits. There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.” In California, it is possible that a Business Owner can be covered under workers’ compensation. Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee. This must be arranged within the policy’s terms. If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes. If his son was a company employee, he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event, it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3

Beyond Workers’ Compensation, Are There Any Other Benefits That Either The Owner or Son Could Collect?

Even if the Owner or the Son are not considered an Employees, there is a special Victims Compensation Board Program in California. The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

What If I Need Legal Advice?