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NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

Posted on April 11, 2022 by Edward Singer

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine. According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes. Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment. In other terms, Medical Transportation is necessary as part of medical treatment. This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury. Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts. The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656. Likewise, his eye injury may also qualify him for the benefit. His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause. The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state. Most likely, Mr. Hall’s claim could be filed at the location he works. Thus, if he is based out of Texas, Texas law may apply. Venue, at times, can involve a multitude of factors. This can include where his contract was made or which States Mr. Hall worked in at Fox. In otherwords, there may be a choice of venue given the facts of the case.

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.

Did Amazon’s Conduct Constitute Serious and Willful Misconduct When Amazon Employee Died at Work? Injured Worker in the News #27

Posted on April 4, 2022 by Edward Singer

An Amazon Distribution Center collapsed and a delivery driver died. Governmental Officials noted “[w]e are concerned by recent reports that Amazon may be putting the health and safety of its workers at risk, including by requiring them to work in dangerous conditions during tornadoes, hurricanes, and other extreme weather.” Foxnews.com

How does the Workers’ Compensation System address questionable conduct by Employers?

What Is a Serious and Willful Misconduct Claim?

In California, there is increased workers’ compensation benefits that can be awarded if an Employer engages in serious and willful misconduct. This term is a legal term. The Labor Code, in Section 4553, provides that “[t]he 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.

How Does One Prove It?

Claims of Serious and Willful Misconduct are highly factual. These claims are either tried or settled.

What If I Need Advice?

CAN A POLICE OFFICER CLAIM INJURY WHEN HE WAS BITTEN BY HIS PARTNER? INJURED WORKER IN THE NEWS, #26

Posted on March 31, 2022 by Edward Singer

In Florida, a Police Officer sustained a work-related injury when was bitten a fellow Police Officer. His K9 partner may have tried to take a bite out of crime but instead bit his partner’s arm. It is reported that the dog became agitated during an attempted arrest. The dog bit his handler. Dailymail.com

This fact pattern raises the questions as to whether an Employee can file a workers’ compensation claim when they get injured as a result of a co-worker’s mistake. The fact pattern raises a treatment issue. Dog bites present unique issues.

Can an Injured Worker File a Claim If They Are Injured By A Co-Worker?

Yes. Generally, workers’ compensation is a “no fault” system This applies to the actions of co-workers. Thus, the dog bite by his K-9 Partner is a valid workers’ compensation claim.

What Type Of Treatment Can Be Provided?

In the instance of a dog bite, there is a concern whether the dog may have had rabies. Thus, the Police Officer may be put on rabies treatment protocol. Likewise, treatment may be necessary to prevent infection.

Labor Code Section 4600 provides that “(a) medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury shall be provided by the employer. In the case of the employer’s neglect or refusal reasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. (b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27.”

Thus, the medical providers treating these type of bite injuries, within the guidelines, will provide treatment to prevent infection on this matter.

What If I Need Advice?

A CASE TO DIE FOR? LAWYER KILLED BY PROSPECTIVE CLIENT: INJURED WORKER IN THE NEWS, #22

Posted on March 15, 2022 by Edward Singer

It is reported that a New York Attorney was stabbed to death by a prospective client as a result of his refusal to take her case. It is also reported that the potential client had previously threatened the attorney and was removed from office. In a later encounter, the fatal attack occurred. Nypost.com

The facts of the incident raises the question of what the attorney was covered under workers’ compensation.

Can Attorneys Be Covered Under Workers’ Compensation?

Yes. Attorneys can be covered under workers’ compensation. Attorneys that are employees of Law Firms are covered under workers’ compensation law. Sole Practitioners or Partners may be covered under workers’ compensation insurance. For example, the Law Firm may be a corporation and the practitioners or partners are considered as employees. Their coverage may be dependent on the insurance contract. This would include acknowledging these individuals as employees covered as well as paying premium for their wages.

Given the story’s fact, it would appear that the lawyer may have been a sole practitioner. Thus, a determinations should be made by the insurance carrier covering the office as to whether the attorney was listed as an employee for the purposes of the policy.

What If I Need Advice?

MUSEUM WORKERS STABBED BY CUSTOMER: INJURED WORKERS IN THE NEWS, #21

Posted on March 14, 2022 by Edward Singer

Museum Workers at the New York Museum of Modern Art were viciously attacked by a Customer. The customer leaped over a counter and proceeded to stab two 24 year old employees with a knife. The individual believed to have stabbed the individuals had an address which provided housing for homeless and those living with hiv or aids. dailymail.com

From the museum video, it would appear that each worker was stabbed with the same knife.

This incident raises the issue of blood borne diseases. The story reports that the attacker lived at a facility that is dedicated to people with human immunodeficiency virus.

Why Do These Facts Matter?

Blood Borne Diseases are included to be claimed within California Workers’ Compensation. Thus, treatment and compensation for these conditions contracted industrially are to be provided. In museum stabbings, it would appear medically indicated that both of these workers be treated for stab wounds as well as receive work-ups for any blood borne illnesses. Should a blood borne disease be caused by the stabbing, i,e, hiv or hepatitis, the individual would be able to make a claim for the injury.

A Blood Borne Disease Designation, in Workers’ Compensation, can afford additional benefits to Injured Workers in the form of total temporary disability benefits. Per LC 4656, an Applicant is entitled to up to 240 week during a period from five years from the date of injury for cases of acute and chronic hepatitis b, acute and chronic hepatitis, and human immunodeficiency virus, hiv. This is in contrast with 104 week limitation for most claims.

What If I Need Advice?