Post traumatic stress disorder

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A TACO BELL WORK INJURY TRAGEDY: INJURED WORKERS IN THE NEWS, #9

Posted on January 10, 2022 by Edward Singer

A Los Angeles Taco Bell Worker, and Father of 3, was tragically murdered while working. He was shot dead after an argument with a customer over a fake $20.00 bill. The shot was fired from the customer drive-thru. The Father worked there one day a week to make extra money for his family. His son also was working in the restaurant when the shooting happened. Foxnews.com, Dailymail.com

In this matter, there are multiple injury claims; a death claim concerning the Father, and possible stress claims for each and every store worker who was present at the time of the shooting. The employees include one of the Father’s son.

Are There Any Issues Concerning the Death Claim?

Yes. There are multiple issues concerning the Father’s death. First, there would be a death claim which can be filed for all of his dependents. He has three children and he may have a spouse. Thus, there are multiple individuals who can seek death benefits. Further, there would be burial expenses that would be available. Second, there is an issue of his earnings. From the story, he worked one day a week at Taco Bell. It is possible that he had other employment. If so, his rate of pay would be an issue as well.

In sum, while this tragic death is an undisputed work injury claim, there are complicated issues concerning who are the dependents and the compensation rate.

Are There Any Issues Concerning the Co-Workers?

Yes. If the co-workers sustained a mental health injury as a result of the incident, they would be able to pursue a claim. The Son would be able to pursue both an injury claim for himself as well as a dependency claim relating to his Father’s passing. His dependency, however, would be subject to an analysis based upon his age and the nature and extent of his dependency.

Are There Any Other Issues?

The family may seek benefits through the California Victim Compensation Board.

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.

Image Credit to: danielfela

CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

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.

MACY’S EMPLOYEE ROBBED AND ASSAULTED AT WORK: INJURED WORKERS IN THE NEWS #5

Posted on December 22, 2021 by Edward Singer

In California, in part due to failed social policies, Retail Store Employees have been placed at risk as a result of an epidemic of “smash and grab” robberies. As these “smash and grab” robberies have increased, the odds are increasing for more confrontations between Employees and Criminals. More recent robberies have included violent acts.

At the San Jose Macy’s, it is reported that at least six male suspects entered the mall-based store. The Macy’s Loss Prevention Team approached the suspects and tried to stop the robbery. In this encounter, it is reported one of the Employees sustained minor to moderate injuries. Foxnews.com

This article will discuss the rights of this Injured Employee.

Can This Employee File a Workers’ Compensation Claim?

Yes. The Employee may file a workers’ compensation claim for her work injuries. This worker may have sustained both physical and mental injuries. Also, in this circumstance, the insurance company could possibly raise the defense of “initial aggressor” if the employee initiated the physical altercation, i.e. threw the first punch. A Trial Judge would make such a determination.

What Is The Difference Between A Physical Versus A Mental Injury?

Physical versus Mental injury is a distinction within workers’ compensation. Physical Injury causation standards are different from Mental Injury standards. Thus, it is possible that an Injured Worker can have a compensable Physical Injury claim but have a non-compensable Mental Injury claim. Physical Injuries can be orthopedic in nature, ie. back or neck, and they can be internal medicine in nature, ie. heart attack. Mental Injuries are Psychiatric Injuries, ie. Depression or Post Traumatic Stress Disorder.

What Other Claims Can This Individual Have?

Assuming this worker was assaulted by the robbers, the Worker could pursue a personal injury claim against the assailants Also, they could file a claim with the Victims of Crime Board. Finally, they could pursue their workers’ compensation claim.

What If I Need Legal Advice?

DID STRICT WORK RULES CAUSE A PSYCHIATRIC INJURY AT THE HAPPIEST PLACE ON EARTH? INJURED WORKERS IN THE NEWS, #4

Posted on December 17, 2021 by Edward Singer

A Disney Worker reportedly is suffering from Post-Traumatic Stress Disorder (PTSD) and developed an eating disorder as a result of working at Disneyland. She attributes it to stress from strict work rules. -Dailymail.com.

One of the strict rules was that some “performers” were required to solely speak in English.

Despite the requirements, this Disney Worker reportedly broke the rules and spoke foreign languages to customers. ‘If I had been caught, that is a big reprimand and potentially getting fired, ‘it was reported. She stated that ‘I fully know what I did was against the rules, and it has to do with character integrity,’ she said. ‘I got to a point where I thought the benefit to the guest was greater than the risk.’ She noted that ‘In Disneyland Paris, they are encouraged to speak multiple languages, and they don’t get in trouble for it there,’ she shared. ‘I take an issue with that. If you’re gonna have a rule, it needs to be across all parks.’ -Dailymail.com

It was reported that she “lost her status as a part-time seasonal employee because she failed to clock in enough hours in character after she welcomed her first child.” Dailymail.com

Since the Disney Employee is reportedly suffering medical problems as a result of her employment, the question, based upon the facts alleged, is whether this would be considered as a valid workers’ compensation claim.

Can a Worker File A Stress Injury Over “Work Rules”?

Yes. In California, Workers can file a Workers’ Compensation Psyche Injury Claim with respect to stress caused by work rules. With respect to Psychiatric Injuries, there are some requirements, however. There is the requirement of six months of employment with the employer. There is the requirement that the Psychiatric Injury be the result of actual events of employment. There is the requirement that the predominant cause of Psychiatric Injury is work-related. There is the requirement that a substantial cause, 35-40 percent, cannot be a result of good faith non-discriminatory personal actions.

One major issue is whether or not the Disney “work rules” constitute a “good faith” personnel action.

Additionally, there is the question as to what percentage of the rules contributed to causing the injury.

Are Stressful “Work Rules” a Valid Basis for a Claim?

Possibly. The issue is whether particular “work rules” are legal to be viewed as good faith personnel actions. The legal determination is made by a Judge and the case law on the issue.

An “English only” speaking rule in the workplace may be challenged as being a “good faith” action. It is possible that it could violate some state law or otherwise be considered discriminatory. With the present fact pattern, since the rule applied to performers, there may be a valid reason for requiring English. Again, it is a Judge will be required to make a legal determination on the issue.

Were There Any Other Sources of Stress?

The facts on the matter included her loss of status because she failed to clock in enough hours in character after she had her first child. This event may be considered a personnel action. This may also be an issue disputed as being in good faith. An issue of pregnancy discrimination could be raised.

How Are Causation Percentages Obtained?

Causation percentages are assessed by a mental health practitioner. Generally, a Psychiatrist or Psychologist will be making that determination. The medical practitioner can be a Treating Doctor, a Qualified Medical Evaluator, or an Agreed Medical Evaluator. The determination usually requires the Injured Worker to be interviewed and tested. Evaluation of personnel records, medical records, and witness statements may also be indicated.

What If I Need Legal Advice?

SHELTER WORKERS AND JOB STRESS: PSYCHIATRIC INJURIES FOR SHELTER WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on December 7, 2021 by Edward Singer

Animal Shelter Workers perform an essential role in society. Dealing with abandoned or unwanted animals can be difficult. This difficulty exposes Shelter Workers subject to unique levels of emotional stress. If this emotional stress gives rise to an emotional injury, a the Worker can file a Workers’ Compensation Claim to obtain necessary treatment and benefits. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

This article will discuss the particular stressors and the psychiatric medical condition that they are at risk of developing.

What Are Stressors Unique for Animal Shelter Workers?

Exposure to Animal Suffering: Animals turned into shelter may be ill or abused.

Exposure to Animal Death: Animals may either be euthanized or die naturally.

Caring: Workers are emotionally invested in both the animals’ care and welfare

Burnout: Workers are required to continuously engage in the activities listed above

What Emotional Problems Can Develop?

It has been found that Animal Shelter Workers are at “five times greater risk of developing Post-Traumatic Stress Disorder as compared to the national average.” Their level of PTSD is along the lines of safety officers. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

What If I Need Legal Advice?