Fast food worker

NO PEACE, NO MCNUGGETS AT A MCDONALDS: INJURED WORKER IN THE NEWS, #33

Posted on April 28, 2022 by Edward Singer

There was no “Happy Meal” at a Boston McDonalds when minors allegedly terrorized the store. The minors alleged conduct was so horrible that the Manager closed the restaurant.

It is alleged that these minors threw rocks and water bottles as customers and employees.

It is reported that “[a]fter the worker tossed a cup of Coke that got on one of the kids’ jeans, the group ran inside to look for the employee. That’s when one of the juveniles is accused of striking the employee “with a closed fist, causing a bump underneath (their) left eye,” the police report states. Boston EMS evaluated the worker, who refused to be transported to the hospital.” Bostonherald.com

This case will be analyzed under California Workers’ Compensation Law.

If the Worker Tossed the Cup of Coke, and Started the Incident, Would That Impact A Workers’ Compenation Claim?

Maybe. Labor Code Section 3600(a) (7) provides “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is a factual determination. Prior to the coke cup toss by the Injured Worker, the minors may have already been throwing objects at the worker. Thus, the minor may be considered as the initial aggressor. Otherwise, the fact that the minor entered the store to search out the employee may give rise to that event as the initial physically aggressive act. Alternatively, the tossing of the drink may not be ruled as to constitute a physical act. Further, the nature of the physical injury may give rise to dismiss the initial aggressor defense. A closed fist blow is truly a physical act as opposed to a tossed drink that got the minor’s pants.

If The Worker Initially Declined Medical Attention, Would That Impact A Workers’ Compensation Claim?

No. There is no need to accept immediate medical attention. Employers initially have medical control rights. In this instance, McDonalds was responsible to provide the initial medical treatment. At the time of the injury, the fact that the Injured Worker declined to go to the hospital would not bar the claim. The Injured Worker, if they were in need of treatment, would be obligated to initially request treatment from McDonalds.

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.

A TACO BELL EMPLOYEE WHO RUNG THE BELL OF A CUSTOMER: INJURED WORKER IN THE NEWS #24

Posted on March 22, 2022 by Edward Singer

A Taco Bell Employee may have earned himself a new profession as a WWE wrestler.

A viral video shows this fearless Fast Food Worker dodging a customer’s blow and performing an epic take down. He picked up and hurled the man over his shoulder and tossing him into the air. The customer dropped to the ground. thesun.com

The video and the incident raises an important workers’ compensation question, could the Taco Bell Employee pursue a workers’ compensation claim if he was injured in the incident?

Is the Taco Bell Employee’s Possible Claim Barred By Workers’ Compensation?

The Labor Code provides an exception to workers’ compensation when there is a physical confrontation. Initial physical aggressors are barred from pursuing claims. Labor Code Section 3600 (a)(7) provides that in the event of an altercation the initial physical aggressor will not be able to pursue the matter. Given the facts, the customer threw the first blow. Therefore, the customer, for workers’ compensation purposes, would be considered as the initial physical aggressor.

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.

A ROBECKS EMPLOYEE’S ENCOUNTER WITH A CUSTOMER DID NOT GO SMOOTHLY: INJURED WORKERS IN THE NEWS #12

Posted on January 24, 2022 by Edward Singer

A Robeck’s Juice Store Customer’s tirade rocked Store Employees. He shouted anti immigrant statements as well a profanity. It is reported he tried to enter the employee’s work area and his tossed and struck an employee with a drink.

The Customer was angry because he believed that the employee who prepared the drink with nuts in it. His child, with nut allergies, had a reaction and required being taken to a hospital. Anaphylactic shock which can be deadly.

It was reported that he said, ‘Shut the f*** up! Stupid f****** idiot. You’re a f***** idiot. I want the f***** number. Shut up,.the furious customer…, demanding to know the number of the corporate office. ‘You’re a f***** immigrant loser,’ he then says to one of the employees, prompting the rest of the staff to yell at him to leave the store. ‘Get the f*** out of here, you f****** b***.’ Dailymail.com

Was There a Work Injury?

In this matter, while the facts are strongly suggestive of a work injury, there is more that is needed. While a Worker was struck by a drink, the question is whether they sustained either a physical or mental injury as a result. The same question is with the tirade as well.

Thus, for workers’ compensation purposes, medical professional reporting of either a physical or mental nature is required. Unlike a personal injury claim that could arise from the incident, workers’ compensation requires more evidence. The fact pattern lack medical documentation to indicate whether there is a claim.

If The Worker Was Wrong In Making the Drink Would That Matter?

With this fact pattern, if the Worker had improperly made the drink, it would not matter. The outburst as a result and the throwing of the drink would still be considered as events that could cause a legitimate work injury. Workers’ compensation is a “no fault” system. The interaction was between an Employee and a Customer.

What if I Need Advice?