CAN A BAD JOB BE A PAIN?  JOB CHOICE, SPINAL PAIN AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Your job choice may impact you having spinal pain.  Neck and Back pain may have a relationship to your job satisfaction.  A recent study suggests that workers’ spinal pain may have some connection to whether the workers like their job.  Skillgate E, Isacson Hjortzberg M, Strömwall P, Hallqvist J, Onell C, Holm LW, Bohman T. Non-Preferred Work and the Incidence of Spinal Pain and Psychological Distress—A Prospective Cohort Study. International Journal of Environmental Research and Public Health. 2021; 18(19):10051. https://doi.org/10.3390/ijerph181910051

This article will discuss the possible relationship between spinal pain and job satisfaction.

How Did the Study View Job Satisfaction?

A non-preferred work is, here, defined as reporting working in a non-preferred profession and/or non-preferred workplace. Skillgate E, Isacson Hjortzberg M, Strömwall P, Hallqvist J, Onell C, Holm LW, Bohman T. Non-Preferred Work and the Incidence of Spinal Pain and Psychological Distress—A Prospective Cohort Study. International Journal of Environmental Research and Public Health. 2021; 18(19):10051. https://doi.org/10.3390/ijerph181910051

This study essentially looked at those who liked their job and those who didn’t.

Is There Other Research Results Concerning Pain Intensity and Job Satisfaction?

Yes. There have been studies suggesting a positive association with job satisfaction and pain.  It was reported that “people who did not like their workplace experienced higher pain intensity compared to those who did like their job.” The study did not address any causal relationship, however.  Supra.

What was the Current Study’s Conclusions?

“Non-preferred work seems to be associated with a higher incidence of developing spinal pain, psychological distress and spinal pain with concurrent psychological distress, especially if the possibility to change job is low. “ Supra.

In sum, workers stuck with an unhappy job are more likely to have spinal pain versus those who have job satisfaction.

What Does This Mean?

This study, to some degree, supports the nature and extent of an Injured Workers’ pain.  Injured Workers, who have jobs with little satisfaction, may legitimately suffer more spinal pain than those who have job satisfaction.   Therefore, there is perhaps a valid argument to make that these Injured Workers should have their pain assessments discounted.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

COVID-19, HEALTHCARE WORKERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

A recent Occupational COVID-19, Study addressed Coronavirus Work Injury Claims for Health Care Workers.  The study was done in Germany.  Nienhaus A. COVID-19 among Health Workers in Germany-An Update. Int J Environ Res Public Health. 2021 Aug 31;18(17):9185. doi: 10.3390/ijerph18179185. PMID: 34501773; PMCID: PMC8431697.

Healthcare Workers, being on the front line of medical care, are at significant risk for industrial COVID-19 infection injuries.  Infection rates appear to be different for each particular Healthcare Occupation.   Infection risk differs from support staff workers to nurses to doctors.  Likewise, the Healthcare Worker’s workplace can impact the infection risk. Facility types, i.e. hospital, nursing home, etc, can play a role in infection rates.

This article will discuss the study which addresses Healthcare Workers and their industrial COVID-19 infection rates.

What Health Care Facilities Are Impacted?

The study showed that “most claims concern inpatient and outpatient nursing (39.5%) or clinics (37.6%).” Supra.

In contrast, medical practices are not subject to as many claims.  It was reported that “As few as 3.2% of the claims concern medical practices.” Supra.

In other words, it appears that facilities which address extended patient care have greater rates than mere evaluations or examinations.

What Was the Claims Acceptance Rate for Occupational Injury?

 It was reported that “.. 77.5% of all claims were assessed, and in 81.4% of these, the OD(Occupational Disease) was confirmed.” Supra.

Thus, it appears in Germany that there is wide acceptance of industrial claims of injury for COVID-19.

How Are Healthcare Workers Impacted?

Nursing is the profession most impact with 68.8% of the cases. Supra.

Hospitals had the highest claims rates with 41.3 claims per 1000 full time workers. Supra.

What Was Treatment Severity?

It was reported seventy-seven workers died (0.09%) and three hundred and seventy-five (0.4%) were hospitalized. Supra.

The majority of workers got treatment clinics (52.3%) and inpatient and outpatient care facilities (28.0%)  Supra.

What Percent Claims Considered as Industrial?

 A total of 65,693 (77.5%) claims were assessed, and for 81.4% of these claims, the Occupational Disease was confirmed. Supra.

Where Was the Highest Frequency of Claims?

The Occupational Disease rate per 1000 full time workers highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

Where Were the Highest Claims Rates?

The Occupational Disease rate per 1000 full time workers was highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

The hospital breakdown was  per 100,000 full time workers highest for clinics (25.4), followed by inpatient and outpatient care (10.5) and medical practices (8.7). Supra.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

In Los Angeles,  a horrific property fire happened at a Vape Shop which included an explosion. As a result, a number of firefighters sustained injuries trying to put out the fire.  A Fire Captain sustained serious injuries which included the loss of fingers.

It was reported that he is now suing the property owner for negligence.   The allegations of negligence concerned the owner’s storage of both nitrous oxide and butane containers in excess.  Dailymail.com

Was the Fire Captain’s Injuries a Workers’ Compensation Injury?

Yes.  The Fire Captain was in the course and scope of his duties when putting out the fire.  Therefore, he is entitled to pursue a workers’ compensation case.

If the Fire Captain Filed the Civil Suit Against the Property Owner, Can He Still File a Workers’ Compensation Claim?

Yes.  Many Work Injuries are caused by Third Parties. A Third Party is someone other than the Employer.   Based upon the alleged facts,  the Fire Captain could pursue both a workers’ compensation claim and a civil lawsuit. He did not have to choose between one or the other.

Can an Injured Worker Collect Separately From Both a Workers’ Compensation and a Civil Claim?

Not necessarily.  Many times, the Insurance Company for the Workers’ Compensation will join in the Civil Lawsuit.  This is called subrogation.  They, like the Injured Worker, are entitled to collect a recovery from Third Party that was liable for the work injury.  The division of the proceeds from a Civil Action would be dependent on the facts. For example, if the Workers’ Compensation Insurance paid out a lot of money in medical care, their lien on the Third Party case may be quite substantial.  They would command a considerable amount.

Is There Any Special Benefits a Fire Captain Can Receive from This Work Injury?

Yes.  There are two special benefits.   First, the Fire Captain is entitled to salary continuation for up to one year pursuant to Labor Code Section 4850.  Second, the Fire Captain, due to finger amputations would be entitled 240 weeks of TTD benefits as opposed to the 104 week limitation.  This is per LC 4656.

Why Would the Fire Captain File a Civil Claim?

A Civil Claim provides for different types of damages.  For example, wage loss would be a factor.  In light of the Fire Captain’s loss of fingers, he may have substantial wage loss as his firefighting career may be over.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee.  The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.”  It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits.  There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.”  In California, it is possible that a Business Owner can be covered under workers’ compensation.  Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee.  This must be arranged within the policy’s terms.    If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes.  If his son was a company employee,  he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event,  it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3

Beyond Workers’ Compensation, Are There Any Other Benefits That Either The Owner or Son Could Collect? 

Even if the Owner or the Son are not considered an Employees, there is a special Victims Compensation Board Program in California.  The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

HEALTHCARE WORKERS, VIOLENT PATIENTS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Healthcare Systems have a high incidence of workplace violence.   Healthcare Workers experience five times the amount of violence in comparison to the average worker in the United States.

Violent acts can cause work injuries both of a physical and mental nature.  Healthcare Workers, in these circumstances, may seek medical treatment and compensation via Workers’ Compensation.

This article will discuss the nature of the term “violence”, a worker’ compensation law addressing violent acts, the nature of violent encounters, and the rates of violence.

What Is Violence?

Violence can mean different things. There is physical violence, i.e. a patient striking a nurse,  and there is verbal violence, i.e. a patient threatening a nurse’s life.

Research has a more expansive definition. ” In the most basic of explanations, violence may present in the form of verbal threats, aggressive language, or escalate to physical assault.”

Verbal harassment includes racial slurs, attacking appearance or perceived sexual orientation, cursing, yelling at, or berating another person.”

Sexual harassment includes unwelcome sexual advances, insulting gestures, and verbal or physical conduct of a sexual nature.”

Verbal threats include statements of intent to cause harm, and threatening body language or gestures.”

Physical violence includes spitting, biting, pulling hair, and any other type of unwanted physical contact intending to cause harm.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Comment:  The definition of violence used by researchers is quite expansive nature. .Hharassment  such attacks on  race, gender or sexual orientation have been included.

How Does Workers’ Compensation Laws Address Violence?

California Workers’ Compensation Law addresses both the physical and verbal aspects of violence.  Workers’ compensation claims can be filed for injuries that are physical in nature.  Thus, if a nurse was assaulted and hurt their back, they can get treatment and compensation for the claim.  Further, a nurse was subjected to racial harassment, they would be able to pursue a psychological or stress injury.  Sometimes, violence can lead to both physical and mental injuries.  A claim can include both types of injuries.

Are There Any Special Laws Concerning Violent Acts?

Yes. The threshold for psychiatric claims of injury is lowered if there is a claim of violence.  Labor Code Section 3208.3 provides that “ in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” Substantial is defined as 35 to 40 percent.

How Significant Is It Within the Health Care Industry?

“In 2016, health care workers made up 69% of all reported workplace violent injuries, according to the Bureau of Labor and Statistics.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

In sum, an overwhelming amount of workplace violence occurs within the healthcare profession.

Are There Different Violence Rates Among Occupation?

Yes. Violence rates can vary based upon occupation and sex.

Paramedics

They are subject to the highest amount of verbal violence

Nurses/Physicians

They are subject to the highest amount of verbal threats

Nurses

They have the highest rate of violence threats by visitors.

Female Nurses

They are at far greater risk of being a victim of violence versus their counterpart.

Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Who Commits the Violence in Healthcare Settings? 

Males, 35 years and younger, have been found to be the highest offenders of violence against healthcare professionals.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

It has been found that 9 factors can be indicators of violence at the time of admissions. These include a “diagnosis of psychosis or bipolar disorder, history of psychiatric disorder, male gender, age younger than 35 years, below-average intelligence, no history of employment, homelessness, and agitated behavior.” .” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

What Are the Causes of Violence in the Health Care?

The Healthcare system, but its very nature, has elements that can contribute to violence.  These include “[[l]ong waiting times, lack of security, lack of adequate staff, and patient areas being open to the public.” .” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Are There Other Factors that Can Impact Violence in Health Care?

“There are many factors thought to increase the risk of violence among ED workers, including an increased number of patients and visitors using alcohol and drugs, psychiatric disorders, dementia, the presence of weapons, stressful environment, overcrowding, prolonged waiting times, and flow of violence from the community into the ED.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

Is There Anything Special About Emergency Departments?

Emergency Departments have a number of factors that can contribute to violence they can include “an increased number of patients and visitors using alcohol and drugs, psychiatric disorders, dementia, the presence of weapons, stressful environment, overcrowding, prolonged waiting times, and flow of violence from the community into the ED.” Pitts E, Schaller DJ. Violent Patients. 2021 Jul 12. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2021 Jan–. PMID: 30725966.

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 over 27 years. Contact us today for more information.

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