Injured worker

Home » Blog » injured worker

AMPUTATIONS MAKE HEADLINES: INJURED WORKERS IN THE NEWS, #101

Posted on November 14, 2023 by Edward Singer

Elon Musk’s SpaceX Company has been beset with work injuries. According to the DailyMail.com, the injuries have included cuts or lacerations, broken bones, dislocations,, hands or fingers were ‘crushed,’ head injuries, skull fractures, concussions and a traumatic brain injury. Further, there have been burns and eye injuries.

There are allegations of safety failures.

Specifically, in California, the article reports that “[s]enior managers at the Hawthorne, California site had been repeatedly warned about the dangers of rushing the engine’s development, along with inadequate training of staff and testing of components.”

This article will discuss the nature of these work accidents and the special benefits that may apply.

What Special Benefits Can Be Received For Amputations, Burns or Eye Injuries?

In California, there are special extended total temporary disability benefits in the case of amputations, burns and eye injuries. With respect to burns or eye injuries, there are special criteria which apply. Labor Code 4656(c)(3), provides: (c)(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.”

Thus, for burn injury claims, an analysis must be made as to whether it could be considered as “severe”. With respect to eye injuries, there must be a causation analysis. Was the accident caused by a fast-moving object? Did chemicals cause burns to the eyes?

If There Had Been Repeated Warnings of Dangers, Can This Trigger Additional Compensation?

Labor Code Section 4553 provides for increased compensation if there is serious and willful misconduct. This requires a separate filing and has a different statute of limitation applicable. Serious and Willful Claims usually requires a finding from the Workers’ Compensation Appeals Board. Labor Code Section 4553 indicated “The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof.(c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.”

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.

WAS A COP’S DEATH WORK-RELATED? INJURED WORKER IN THE NEWS, #98

Posted on October 30, 2023 by Edward Singer

While working, a Police Officer- while at his precinct- collapsed and died from fentanyl and meth poisoning. In the news reports, it is reported that the incident may not have been by accident. According to the Dailymail, “Police in Vancouver, Washington, investigated Kelly’s death and concluded that it was ‘more likely than not caused by an intentional act and not an incidental workplace exposure,’”

This article will discuss the issue within the framework of California Workers’ Compensation Law with respect to this workplace death and whether it was work-related.

If Someone Dies At the Workplace, Is It Automatically Considered As A Work-Related Death?

No. Injuries in the workplace must be AOE/COE- arising out of employment and in the course and scope of employment. While a death may occur during the course and scope of employment, i.e. while at the place of employment, there may be uncertainty as to whether it was caused by work. In this instance, illicit drug use has been implicated as to the cause of death.

What Is The Standard For Proving a Death Is Work-Related?

The Cailfornia Supreme Court in South Coast Framing, Inc. v. Workers’ Comp. Appeals Bd. (2015) 61 Cal.4th 291 [188 Cal.Rptr.3d 46, 349 P.3d 141], noted that “[w]e have recognized the contributing cause standard …Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises “out of” the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would be equally exposed apart from the employment.’””

In the instant matter, it is possible that an industrial contributing cause could be found. It is possible that, as a law enforcement officer, there may be presumptions that could apply and assist in proving an industrial injury. Thus, this fact pattern is worthy of exploring whether there was a valid industrial death claim. Thus, despite the allegation of illicit drug use and a statement from the department concerning it, there still may be a way of proving it as work-related. For instance, the officer may have been suffering from an industrial orthopedic injury and decided to self-medicate by using an illegal drug.

What If I Need Legal Advice?

MTA BUS DRIVER STABBED: INJURED WORKERS IN THE NEWS #85

Posted on May 28, 2023 by Edward Singer

An Irate Passenger stabbed a MTA Bus Driver’s left hand. It was reported that the two had gotten into an argument. As a result of the injury, the driver was taken to the hospital and was reportedly in stable condition. Nypost.com

This article will discuss how this matter will be assessed as a work injury and how the permanent disability will be assessed.

If The Assault Was Brought On By A Worker-Customer Argument, Would The Stabbing Be Considered Work-Related?

Most likely yes. If the argument was only verbal, then the matter would remain as a work-related injury and the MTA Bus Driver would receive workers’ compensation benefits. Had there been an argument and the MTA Bus Driver initiated the physical violence upon the Passenger, then the “initial physical aggressor” rule which bars compensation would have to be addressed. If the Driver was found to be the “initial physical aggressor”, then benefits would be barred. This factual determination is the purview of Workers’ Compensation Judge. As such, it would be likely that a Trial with testimony would occur.

What Types Of Injuries Occurred In This Incident?

Given this fact pattern, a stabbing injury is likely to cause an orthopedic hand injury, a possible transmission of a blood borne illness, and perhaps a psychiatric injury.

How Does One Assess A Hand Impairment Injury?

In Cailfornia, Permanent Disability Percentage is calculated by using the AMA Guides for the evaluation of permanent impairment. According to the AMA, the ”AMA Guides provide a reliable, repeatable measurement framework for permanent impairment in patients who have suffered an injury or illness resulting in long-term loss of a body part or reduction of body function.” With respect to a Hand Impairment, loss of range of motion and possibly grip loss will be assessed. Likewise, since it was a stabbing injury, ia skin disorder or a nerve disorder may also be evaluated concerning impairment.

What if I Need Advice?

Man Threatens Wendy’s Employee With A Gun: Injured Workers in the News #70

Posted on November 23, 2022 by Edward Singer

A Wendy’s Fast Food Worker reportedly had a bad drive thru incident. A customer pulled a gun. Apparently, there was a missing sauce packet! It was reported that the man “was driving around the parking lot brandishing a gun and refusing to leave.” foxnews.com

There is no report of any physical injury. Thus, we will discuss whether this fact pattern can give rise to a workers’ compensation claim.

Can This Fact Pattern Give Rise to A Work Injury?

In California, there is no need to have a physical altercation in order to have a work injury claim. In this instance, there was an actual incident. We have a customer acting in a hostile fashion. He was reportedly brandishing a weapon and acting in a menacing fashion. If the Worker experienced a physical reaction to this event, it would be considered as a work-related event. In this matter, if the Worker had accidently not provided the customer the sauce packet, it would not be relevant. Workers’ compensation is a “no fault” system. This event would not be considered as a “good faith personnel action.” It was merely an exchange between an employee and a customer.

What Type of injury Can Be Claimed?

In California, it is possible to have both physical and psychological injuries arise from such an incident. Injuries, however, must be documented by medical specialists. In this instance, there could be a physical injury, i.e. an aggravation of a blood pressure condition. Likewise, a psychiatric disorder could be found as well, i.e. a diagnosis of post-traumatic stress disorder. It should be emphasized that the incident alone does not make a claim. There must also be an injury.

What if I Need Advice?

City Worker Dies After Being Electrocuted in a Cherry Picker: Injured Workers in the News #69

Posted on November 18, 2022 by Edward Singer

A sad story comes out of Houston, Texas. During election season, a Parks and Recreation Department Worker suffered a work-related injury- electrocution- and died. Foxnews.com

News reports offer sparse information. Thus, we will create a hypothetical and assume that the electronic voting system was the source of the electrocution. The death, in an of itself, would likely trigger an OSHA investigation to determine the cause of the death.

Assuming the hypothetical fact pattern that the Parks Worker was working on election issues and that the voting machine caused their death, we will discuss the issues that would arise.

What Type of Claims Can Be Brought in This Circumstance?

Under California Law, since the employee passed away, his or her dependents would be eligible to claim dependency death benefits. Likewise, they would be eligible to received up to $10,000.00 relating to burial expenses. The dependency analysis involves marital status, the age and health of children, and the amount of support that the deceased provided to any claimed dependent. Also, for spouses earning less than a certain amount and for minor children, there are presumptions that may be employed to claim dependency may be employed.

For the Purposes of Workers’ Compensation, Who Was The Deceased Worker’s Employer?

Elections can involve multiple government agencies. Employees from one government agency could be placed on loan to others. Thus, a question can be raised as to “who was this person’s employer at the time of death? ”

Why Is The Employer Determination Important?

In this matter, the determination of the employer is important. First, this knowledge will inform the dependents to place in a claim, Likewise, the determination may establish the possibility of a third party case. Hypothetically, if the electrocution occurred as a result of defective election equipment, it is possible that the owners of the equipment and the manufacturers of the equipment may have some liability. Also, if the employee was considered to work for the City of Houston, they could potentially sue the County which was responsible for the running the election and for the election machines.

What if I Need Advice?