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How to Claim Workplace Bullying Compensation

Posted on July 23, 2023 by Edward Singer

To qualify for workers’ compensation benefits, Work Injuries must arise out of and be in the course and scope of employment (AOE/COE). In order to make such a determination, Medical Professionals are often asked to describe how the injury happened.

Workplace Bullying can be a mechanism of injury. Bullying can be a source of stress and can cause or aggravate both psychological and physical medical conditions. This article will discuss Workplace Bullying within the framework of workers’ compensation.

WHAT IS WORKPLACE BULLYING? HOW DOES IT BECOME WORKERS’ COMPENSATION RELATED?

“Workplace bullying refers to a systematic form of harassment where an employee persistently and over a period of time is exposed to negative actions from others at the workplace (e.g. colleague, superiors, or subordinates) and where the employee finds it difficult to defend themself against these actions due to a perceived power imbalance between target and perpetrator.” Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

In order for Workplace Bullying to become workers’ compensation related, the bullying must cause or contribute to a workplace injury. In other words, either a mental or physical injury must have occurred. This is determined by expert medical professionals. One simply saying that they were bullied at work is not enough to make a valid work injury claim.

Further, in California, there are time limits that can bar a Workplace Bullying claim. In general, six months of employment is required to pursue a psychiatric claim of injury in certain circumstances. The nature and extent of the bullying, however, is not required to have been for a period of six months or greater. A shorter period can be shorter can suffice. Likewise, the sole cause of the stress need not be from bullying. Other workplace stressors can be included. Due to the complicated nature of these claims, legal consultation on this particular issue is strongly recommended.

HOW DOES BULLYING HAPPEN IN THE WORKPLACE?

“In a workplace context, bullying mainly involves repeated exposure to verbal hostility, being made the laughing stock of the department, having one’s work situation obstructed or being given unreasonable tasks, or being socially excluded.” Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

Examples of these incidents include an individual being in a room to sit and do no work, an individual excluded from an office birthday celebration, and an individual assigned to perform tasks below their job descriptions or responsibilities.

HOW OFTEN DOES WORKPLACE BULLYING HAPPEN?

According to statistics, bullying occurs at a rate of about 15 percent. Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970. Impliedly, this means that more than one in ten workplaces may have bullying issues.

WHAT ARE THE COMMON MEDICAL ISSUES ASSOCIATED WITH WORKPLACE BULLYING?

Bullying is associated with a range of outcomes for those exposed, including mental health problems, somatic complaints, sleep problems, and suicidal ideation, as well as with reduced job satisfaction and work ability. Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

These reported outcomes generally fall within the emotional spectrum. Thus, in workers’ compensation, they would be addressed with a psychological claim. The other matters noted are somatic complains. Sleep, at times, can be an additional body part within workers’ compensation. Additionally, cardiovascular, gastrointestinal and some other internal medical diseases would fall within the reference. These conditions can be caused or aggravated by stress. Any assessment concerning these matters are done by expert medical opinion.

CAN THERE BE A RIPPLING EFFECT TO WORKPLACE BULLYING?

The study reported in this article advance the theory of a rippling effect. This is the theory that other individuals in the workplace can be victims of the bullying “by proxy”. In other words, bystanders may be dragged into the conflict. Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

In workers compensation, actual events of employments can be used factors to be considered in determining a psych related injury. Thus, whether or not there is a significant rippling effect does not matter.

WHAT IS I NEED LEGAL 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 30 years. Contact us today for more information.

IWITN #44: Did Tossed Food At A Wendy’s Employee Cause A Work Injury?

Posted on June 23, 2022 by Edward Singer

Had a Wendy’s Frosty been involved, things could have been worse. It is reported that a Wendy’s Drive Thru Worker was assaulted by nuggets, fries, and a drink.

An unhappy customer contended that the bag the food came with a guarantee of hot and crispy food. She felt her order did not meet that standard. It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker. Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds. For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury. In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury. The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury. A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no. Workers’ Compensation is a “no fault” system. In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim. Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

What If I Need Advice?

DID JOURNALIST DEVELOP WORK- RELATED PTSD? INJURED WORKER IN THE NEWS # 32

Posted on April 25, 2022 by Edward Singer

A Washington Post Journalist on a MSNBC Meet the Press TV Broadcast revealed that“online harassment targeting her and her family caused her to experience “severe PTSD” and contemplate suicide in the recent past.” “The MSNBC coverage aimed to detail brutal harassment faced by female journalists — noting data that showed 73% reported experiencing online attacks while doing their jobs.”It is reported that, after the broadcast, she has faced “even worse” treatment the segment. She reported “If your segment or story on ‘online harassment’ leads to even worse online harassment for your subjects, you f—ed up royally and should learn how to cover these things properly before ever talking about them again.” nypost.comThis fact pattern is interesting with respect to the issue employer notification of injury. Also, it is important with respect to issues of causation and apportionment.

Can This Journalist’s Television Interview Constitute Notice of Claim?

Possibly. First, if the interview connected the PTSD to her job, it could constitute a connection of the PTSD to her work duties. Second, her employer would have had watched the program. If she had expressed connection, ie my job gave me PTSD, and her boss watched the program, there would be notice of a claimed injury for which her employer should notify their workers’ compensation carrier and provide the journalist a claim form.

This action is based upon Labor Code Section 5402, which provides “(a) Knowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400.”

Why Is Notice of Injury Important?

Under Labor Code Section 5402(b) “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. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period.”

If The Journalist Didn’t Really Have PTSD, Would It Matter?

No. Notice of claimed injury is about a “claimed” injury. It is not about an actual injury. Thus, a “claimed injury” whether actual or not is the basis for which a claims’ file should be opened. At that point, it is the Workers’ Compensation Carrier which must investigate.

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.

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?

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?