Psychiatric injury

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BURGER INSANITY: INJURED WORKER IN THE NEWS #17

Posted on February 23, 2022 by Edward Singer

It is reported that a Fast-Food Worker was assaulted and shot in the face by twin sisters. This assault was apparently triggered over a dispute over a $3.00 hamburger that was missing from an order. According to the police, the sisters “proceeded to attack (Mr.)Rodriguez and one of them shot him in the face while he was down.” dailymail.com

Videotape showed that the worker was punched in the face, wrestled to the group and shot in the face. The injury was described as “'[t]he bullet went through [his] upper lip and took out [his] upper teeth and cracked [his] bottom teeth, so those will have to be replaced,’ Rodriguez said. He also had to use a neck brace to stabilize a part of his spine which was fractured by the bullet. “ dailymail.com

Can Dental Problems Be Work-Related?

In California, dental injuries are included in workers’ compensation. Therefore, dental care is also included within medical care. So, if the Injured Worker needed to have teeth replaced, it will be done. Likewise, the medical care includes future medical care. So, if any dental repair needs to be done to the repaired teeth, the additional dental care will be provided.

What Type of Workers’ Compensation Injuries May Be Claimed Given These Facts?

From the facts, it would appear that the Injured Worker may have sustained dental injuries, orthopedic injures, possible cosmetic injuries, a head injury and a psychiatric injury. Reporting of medical professionals are necessary to determine the nature and extent of the Injured Worker’s problems.

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 Walgreen’s Worker Punched in the Face: Injured Worker in the News # 14

Posted on February 14, 2022 by Edward Singer

In New York, in a Walgreens aka Duane Reade Store, a Pharmacy Worker was punched in the face by a shoplifter. It is reported that the shoplifter “approached by a 21-year-old woman store employee who directed him to put the items back, the man allegedly punched the worker in the face, grabbed her hair and threw her to the ground, according to the NYPD.” nypost.com

This article will discuss the various injuries that Pharmacy Worker may have sustained.

Can There Be Physical and Mental Injuries in Workers’ Compensation?

Workers’ Compensation in California allows for both physical and mental injuries. In this instance, there may have been injury to her head, her scalp and other musculoskeletal injuries. The mental injury can be a psychological injury such as post-traumatic stress disorder.

Are There Any Unique Injuries In This Matter?

Yes. The punch to the face could have caused a facial injury. This could have resulted in a cosmetic disfigurement. Likewise, there may be a neurological injury. The Worker may have sustained a concussion.

In sum, this Worker’s injury claim may involve multiple body parts and multiple medical concerns.

What If I Need Advice?

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?

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.

Job Choice, Spinal Pain & Workers’ Compensation

Posted on October 20, 2021 by Edward Singer

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?

FIREFIGHTER INJURY FREQUENCY AND WORKER’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on September 27, 2021 by Edward Singer

In California, the State, Counties, Municipalities, and Cities employ Firefighters. Firefighting, like other safety positions, are dangerous occupations which have significant risk of injury. Firefighters are expected to and are willing to put themselves in harm’s way to save lives. Due to their injury rates, data concerning Firefighter Work Injuries have been studied as to the nature of their work injuries and their injury rates. A recent RAND study provides some insight into the challenges that Firefighters face.

What Are Firefighters’ Work Injury Rates Compared to Others?

Compared to other occupations, Firefighters have high injury rates. Their rate is slightly less Police Officers. Between 2005-1017, the rates were 200 per 1000 workers for Firefighters. This rate is compared to 35 to 50 injuries per 1000 for all workers. Dworsky M, Seabury SA, Broten N. The Frequency and Economic Impact of Musculoskeletal Disorders for California Firefighters: Trends and Outcomes over the Past Decade. Rand Health Q. 2021;9(2):4. Published 2021 Aug 16.

What Are the Most Significant Injuries That Firefighters Sustain?

Of all types of injuries, 47 percent of all Firefighter injuries were musculoskeletal in nature. Supra.

What Body Parts Do Firefighters Injure?

Compare to other occupations, Firefighters sustain more trunk, ie spine, and lower extremity injuries versus upper extremity injuries than other occupations. Supra.

What Are the Causes of Injury for Firefighters?

Strains are the most common cause of injury for Firefighters. Also, burn injuries are more common for firefighters. They represent 6 percent of their injuries. Supra.

Do Firefighters Seek Psychiatric Treatment for Musculoskeletal Disorder Injuries?

It was found that there was no difference between psychiatric issues for firefighter versus workers in similar occupations. Supra.

The caveat to this issue is whether Firefighters use their own health insurance to address psychiatric issues rather than workers’ compensation. Further, there is also the stigma problem. Firefighters may not want it known to Management and co-workers that they have mental health issues.

What If I Need Legal Advice?