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

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

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.

approved work injury claim

AMERICAN AIRLINES EMPLOYEE STABBED BY CO-WORKER: INJURED WORKERS IN THE NEWS, #15

An  American  Airlines Employee conflict resulted in a stabbing injury.

Was this a workers’ compensation injury?

It is reported that  there was a dispute between two American Airline Employees at Boston Long International Airport.  The dispute escalated into physical confrontation. One worker was stabbed by a multi-use tool and taken to the hospital with non-life threatening injuries. Foxnews.com

Can A Dispute Between Employees Be A Work-Related Injury?

Yes.  In the instant fact pattern, a dispute in the workplace during work hours would be an event that would be considered as work-related for the purposes of workers’ compensation.

Can a Physical Altercation Bar A Workers’ Compensation Claim?

Yes. California Labor Code Section 3600(a)(7) provides that “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.”  Thus, if the Employee who was stabbed had thrown the first punch in the altercation, there is the possibility that their workers’ compensation claim could be barred.  The issue of who was legally the initial physical aggressor is a matter determined by a Judge. A tri  It is important to note that it is the “physical” aggressor who is barred.  Thus, someone initially verbally insulting someone and causing the altercation would not be barred.

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.

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