BURGER KING MELEE LEAVES YOUTHFUL FAST FOOD WORKERS INJURED:  INJURED WORKERS IN THE NEWS #62

Fast Food Workers at a Burger King encountered a true “burger insanity” moment.

According to the reports, “[i]t started with an unruly customer and spilled pop. By the time it was over, a 17-year-old worker had to get stitches for a cut to the forehead and a 15-year-old, working her first job, suffered a busted jaw and broken teeth.” www.woodtv.com

It was reported that the unruly drive-thru customer came into the store and started to make a disturbance.  Apparently, the staff tried to get the customer out of the store and lock the door. A scuffle occurred.   The 15 year old worker said that “[w]hen I got up, all I heard was ringing. I was crying. I couldn’t open my jaw. As soon as I opened up, all you seen is blood coming down,” the 15-year-old, who asked not to be identified, said. “I barely remember what happened. After the surgery, it was just too much.” www.woodtv.com  The worker reported that  “I have screws right here, right here and under here,” she showed News 8 Wednesday, pointing to her still-swollen jaw. “Right here, it’s all numb. The doctor says that might never go away. www.woodtv.com  “I have like five teeth cracked and he knocked out one in the back,” she continued. “I’m on a full liquid diet for six weeks straight. No solid food. I can barely open my mouth.”  www.woodtv.com

Also, for one of the workers, it  was her first day on the job.

This article will address many issues concerning young workers and a multi-faceted injury.

Why Was This a Mult-Faceted Work Injury?

Given the facts, it appears that the blows to the face caused a number of injuries.  The injuries could include head trauma, dental trauma, cosmetic trauma, and psychiatric trauma. As such, its is important for these workers to see a variety of specialists to obtain a proper work up.

The Fact that A Worker Had Only Worked One Day,  Is That Important?

In Workers’ Compensation, Permanent Disability and Temporary Disability payments are made based upon the Worker’s Average Weekly Wage.   In this instance, assuming this was the young worker’s first day of ever working anywhere. Also, assuming that the the worker had a future schedule of  part-time hours,  there are many ways of figuring out what should be the proper wage.  If a wage cannot be figured out and the earnings were not much, workers’ compensation law has a minimum rate which is paid to the worker.

Below is an article about the calculation of the wages.

How Workers’ Compensation Benefits are Calculated

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 BURRITO MADNESS INJURE CHIPOTLE WORKERS? INJURED WORKERS IN THE NEWS #61

Chipotle Employees are complaining.  A $3 burrito hack was driving them mad.  It was reported that employees may have been getting frustrated over a company customization plan. A customer and possible magician figured out how to turn a taco into a burrito.  This was perhaps done at the expense of the workers’ sanity.  In a Chipotle statement from CAO Laurie Schalow,  it was noted that “[w]hile we have long embraced customizations and even released our own hack menu, the current social media trend is resulting in a poor experience for our food, our employees and our customers waiting for orders,” Chief Corporate Affairs Officer Laurie Schalow told the outlet in a statement. nypost.com

Reading between the lines, it would appear that Chipotle Workers may have been experiencing stress.  If this stress gave rise to an emotional injury, would it be a work injury?

Can A Company Policy Give Rise to A Work-Related Stress Injury?

Yes.  A company policy, if it causes an emotional injury, can be a valid workers’ compensation claim.  The key issue would be whether the policy would be considered a non-discriminatory good faith personnel action.

California Law has Labor Code Section 3208.3.  It provides under section (b) (1) that “In order to establish that a psychiatric injury is compensable, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury.”   The personnel action defense is per section (h)  that “[n]o compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue.”

In this instance, the policy was no disciplinary toward employees. Rather, it was a policy that apparently created an annoyance.

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.

 

 

TIME OUT WHEN NFL MASCOT HURTS KNEE AND IS CARTED OFF FIELD: INJURED WORKER IN THE NEWS, #58

It is reported that Poe, the Baltimore Ravens’ mascot was carted off the field.  They injured occurred during a mascot verses youth football team half-time match.   The leg had to be stabilized.  nypost.com

This article will discuss the complexity of what appears to be a simple workers’ compensation injury.

Does the Mascot’s Occupation Matter?  What is Dual Occupation Rule? How Does This Apply?

In California Workers’ Compensation, an Injured Worker’s  Occupation can determine the permanent disability percentage.  A Worker’s “Occupational Group.”  Thus, choosing the correct “Occupational Group” is important.   There is a special rule that would apply in this fact pattern.  The Dual Occupational rule looks at the activity that the Injured Worker was engaged in during the time of the injury.  Thus, at the time of the accident, the Mascot was playing in a football game.  Thus, there is an argument to be made the Mascot should be rated as an athlete versus a mascot.

Is There An Earnings Issue In This Case?

Workers’ Compensation benefits are connected to a Worker’s Average Weekly Wage.  In this instance, it is likely that the team Mascot position was part time.  In that instance, an investigation should be made as to whether the Injured Worker has earnings from other employment.  The Average Weekly Rate is important as it is used to calculate disability rates for both total and permanent disability.

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 MTA WORKER IS BOTH A HERO….AND AN INJURED WORKER: INJURED WORKER IN THE NEWS, #55

Mr. Anthony Wilson, an MTA Worker, is both a hero and an Injured Worker.   It was reported that “[l]ast week, Nelson was cleaning the Pelham Bay subway station in the Bronx when police allege 49-year-old Alexander Wright began to harass customers. Nelson stepped in to protect them, but the suspect quickly turned his rage toward Nelson, breaking his collarbone and nose.”  KESQ.COM

This fact pattern may involve many unique issues. This article will discuss two important issues that come up with these type of events;  the injury investigation and the Injured Worker’s high profile work injury celebrity status.

Why Would High Profile Claim Like This Be Investigated?

In California, any assault claim has the possibility of an insurance company defense of initial physical aggressor.  The initial physical aggressor rule could bar an Injured Worker’s claim.  Therefore, it is worthy of inquiry by the insurance company.  In other words, there will be an investigation as to whether the Injured Worker made the first physical contact.

Labor Code Section 5402, allows insurance companies 90 days to investigate claims.  “If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division.”  Thus, the Insurance Company will got out and get witness statements and see if the incident was caught on tape before accepting the claim.

Why Is The Injured Worker’s Celebrity Status A Problem?

An Injured Worker who becomes a celebrity as a result of their injury creates a problem.

When an Injured Worker is in a high profile worker’ compensation case, they may be on television or interviewed for news articles. These television reports or interviews may reveal information concerning the Injured Worker’s injuries and their physical activity level.   Additionally, in interviews, Injured Workers may try to make a positive and uplifting impression rather than be accurate concerning their complaints.  This information can be used to impeach the Injured Worker.  Also, it could be sent to examining or evaluating physicians.

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.

LAUNDROMAT WORKER HAMMERED BY THIEF: INJURED WORKER IN THE NEWS, #54

It is reported that a 70 Year-Old Laundromat Employee was attacked.  A robber who was allegedly was trying to steal detergent grabbed a hammer owed by the business and struck the Laundromat Worker four times in the head. foxnews.com

This article will discuss issues of elderly workers as well as head traumas.

What Issues Come Up With Elderly Workers and Workers’ Compensation?

First, settlements involving buyout of medical care can be complicated.  Many elderly workers are already Medicare Recipients.  Medicare requires that a Medicare Set-Aside Trust be incorporated into settlements of medical care. As a result, buy-out settlements for Elderly Workers can be delayed.

Second, Elderly Workers receive higher disability percentages than younger workers.  The Rating Schedule provides an age adjustment for the worker’s age at the time of the injury. SCHEDULE FOR RATING PERMANENT DISABILITIES P.2-5.

What Are The Issues Concerning Head Trauma?

Head trauma injuries can be multifactorial. They can include the following items:  headaches, cosmetic defects, dental trauma, cognitive disorders and psychological issues.  Injured Workers may need to be assessed by a variety of medical specialties to address a head injury.

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.

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