Head injury

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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.

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?

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.

ANAHEIM LIBRARY WORKER SUCKER PUNCHED: INJURED WORKER IN THE NEWS, #25

Posted on March 25, 2022 by Edward Singer

On March 3, 2022, in the City of Anaheim, a Library Patron forcefully pushed a library employee. As a result of the assault, the employee fell back and he hit his head on the tile floor. It is reported that he sustained injury with both a cut on his head as well as a possible loss of consciousness. foxla.com

This fact pattern involves the issue of a neurological injury. Head injuries are unique injuries. They are referred to as Traumatic Brain Injuries or TBIs.

What Is Special About Head Injuries?

Head Injuries are serious injuries. Head injuries can result in concussions. Concussions do not necessarily require that an individual have a loss of consciousness. Therefore, in light of how the accident happened, this Injured Worker should be assessed as to whether he sustained a neurological injury. He should be evaluated specifically by a neurologist.

Per the Mayo Clinic, “[a] concussion is a traumatic brain injury that affects your brain function. Effects are usually temporary but can include headaches and problems with concentration, memory, balance and coordination” mayoclinic.org

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