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Teacher Knocked Out by Student Throwing Chair: Injured Workers in the News, #90

Posted on October 1, 2023 by Edward Singer

It is reported in Michigan that a teacher sustained a head injury when she was struck by a chair. It is reported that a student threw the chair. The video of the incident shows a chair going airborne and striking the teacher in the back of her head. The teacher was taken to the hospital for treatment. It was reported that the Teacher went to the ground for several seconds after the blow. This incident was captured on video and posted on social medical where it has garnered over 21 million views. nypost.com There is the likelihood that the student will face criminal prosecution.

This article will discuss the Teacher’s rights within the context of California law.

Who Pays the Hospital Bill?

In this instance, there are multiple individuals who could be responsible for paying the bill. There is the student and her parents. Also, there is the School District who is obligated to pay under workers’ compensation law. Finally, there is the possibility that the Injured Teacher’s health insurance would be billed. If the Teacher’s health insurance paid, it is likely that they would seek reimbursement from the workers’ compensation insurance. This reimbursement action is sometimes referred to as subrogation.

Who Is Liable for The Teacher’s Injuries?

In this instance, the School District’s workers’ compensation insurance is to cover the injured worker’s benefits. These include medical treatment costs, temporary disability costs, permanent disability costs, need for future care, and vocational rehabilitation benefits if indicated. Outside of workers’ compensation, the School District’s retirement system may also be liable to provide a disability retirement should the teacher be unable to return to her teaching position. Further, there is the student and her parents who are liable. Also, in California, there is the Victim’s Rights Board which is also available for the purposes of providing some benefits.

What Type of Injuries May Have Occurred?

In the present matter, there are a variety of injuries that could have occurred. There is the head trauma. In this instance, given the fact that there was likely a loss of consciousness, a concussion may be an appropriate diagnosis. Likewise, there may be hearing loss or some dental injury that may have occurred. Further, there may have been an orthopedic injury to the Teacher’s neck or other body parts. Finally, the Teacher may have sustained a psychiatric injury as a result of the trauma.

What Is the Most Important Thing For the Teacher to Do?

In this instance, it is most important that the Teacher identify each and every body part injured so that they may get proper treatment and assessment. Many times, Insurance Companies are skeptical when amendments are made to claims concerning body parts. In sum, this Teacher should work to get a work-up from each and every medical specialty that is indicated as a result of the injury.

What If I Need Legal 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.

MILD HEAD TRAUMA AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on July 5, 2023 by Edward Singer

Workers Comp Head Injury Settlements

Head Traumas are a common occurrence. When they occur in the workplace, Workers’ Compensation may apply. Irrespective of the employee’s fault or negligence, the Injured Worker might still be eligible to receive workers’ compensation benefits and medical treatment relating to the trauma. This article specifically addresses the topic of Mild Brain Traumas (mTBI) as opposed to more significant ones.

What Is A Mild Brain Trauma?

“Mild TBI is defined as an injury to the head with loss of consciousness for 30 minutes or less with posttraumatic amnesia as well as alteration of consciousness for no more than 24 hours with no identifiable lesions on the individual’s scans.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Are Mild Brain Trauma Injuries Common?

Yes. “Over a million Americans sustain a mild traumatic brain injury (mTBI) every year .” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Are The Symptoms Difficult to Recognize?

Unlike cuts or bruises, many head injuries are not visible. Often, they are even difficult for the Injured Worker to understand. “mTBI symptoms are commonly unrecognized and can cause chronic impairments.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Type of Symptoms Are Present?

Mild Head Traumas have a variety of symptoms. They include “attention deficits, headaches, fatigue, posttraumatic stress symptoms, and deficits in executive functioning.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Are The Problems with Recognizing Head Traumas?

Approximately 70% of TBIs are considered mTBI and are usually diagnosed after complaints by the individual without postinjury objective findings [. It is often easy to mistake mTBI symptoms as they present similarly to stressors such as pain, medication, posttraumatic stress, anxiety, and depression.”] Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Is There Permanent Disability from Mild Head Traumas?

Yes. It is possible to get a permanent disability award based upon a mild head trauma. The assessment for such disability comes from either Treating Physicians, Qualified Medical Evaluators or Agreed Medical Evaluators. There are “a large number of individuals are increasingly reporting cognitive, physical, and psychological symptoms months and years postinjury.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Type of Permanent Disabilities Can Occur?

One of the chronic symptoms is “impaired executive functioning causing difficulties in holding attention, remembering information, and organization and planning.” [10]. Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

These deficits can impact job performance.

What Type of Doctor Would Evaluate and Treat A Head Trauma Case?

Generally speaking, either a neurologist or a neuropsychologist might be employed to provide treatment.

What if I Need Legal Advice?

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?

LAUNDROMAT WORKER HAMMERED BY THIEF: INJURED WORKER IN THE NEWS, #54

Posted on August 15, 2022 by Edward Singer

It is reported that a 70 Year-Old Laundromat Employee was attacked. A robber who was allegedly was trying to steal detergent grabbed a hammer owed by the business and struck the Laundromat Worker four times in the head. foxnews.com

This article will discuss issues of elderly workers as well as head traumas.

What Issues Come Up With Elderly Workers and Workers’ Compensation?

First, settlements involving buyout of medical care can be complicated. Many elderly workers are already Medicare Recipients. Medicare requires that a Medicare Set-Aside Trust be incorporated into settlements of medical care. As a result, buy-out settlements for Elderly Workers can be delayed.

Second, Elderly Workers receive higher disability percentages than younger workers. The Rating Schedule provides an age adjustment for the worker’s age at the time of the injury. SCHEDULE FOR RATING PERMANENT DISABILITIES P.2-5.

What Are The Issues Concerning Head Trauma?

Head trauma injuries can be multifactorial. They can include the following items: headaches, cosmetic defects, dental trauma, cognitive disorders and psychological issues. Injured Workers may need to be assessed by a variety of medical specialties to address a head injury.

What if I Need Advice?

ZOO WORKER LITERALLY HAS A BAD HUMP DAY: INJURED WORKER IN THE NEWS, #47

Posted on July 14, 2022 by Edward Singer

Yes. On a Wednesday, aka Hump Day, it is reported that a Camel bit a Minnesotan Zoo Worker on the head. The Zoo Worker was dragged about 15 feet. Foxnews.com Another another co-worker was also bit in the head. The Injured Worker, who was bit and dragged, was airlifted to a hospital for treatment. The other Injured Worker declined medical treatment. The camel reportedly was not injured.

The fact pattern raises many important issues within workers’ compensation.

Who Pays for the Worker’s Airlift to Get Medical Treatment?

In California, medical transportation is considered as part of medical treatment. As such, if an ambulance or airlifting is medically necessary, the expense is to be paid for by the workers’ compensation carrier.

What Are the Concerns for the Injured Worker Who Was Dragged?

The Injured Worker who was bitten and dragged by the head has multiple medical concerns. First, there is question as to whether a Camel bite can transmit any blood borne illnesses or infections. Second, there is the question as to whether there was a head injury or trauma. Third, there is the concern as to whether there was an orthopedic neck injury. Finally, there is a concern that this injury caused an emotional injury. As such, it is important for the Injured Worker document with the medical providers all of their complaints.

Is There Any Concern for the Injured Worker Who Declined Medical Treatment?

Yes. Sometimes, at the time of the accident, an Injured Worker may feel that they were not injured. Sometimes, the next day they start feeling aches and pains from the accident. Therefore, it is important that the Injured Worker, even though they are not seeking medical attention, fill out a workers’ compensation claim form, a DWC-1, and note the body parts affected. In this instance, the Injured Worker should note that they were bitten on the head.

What if I Need Advice?