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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.

A ROBECKS EMPLOYEE’S ENCOUNTER WITH A CUSTOMER DID NOT GO SMOOTHLY: INJURED WORKERS IN THE NEWS #12

Posted on January 24, 2022 by Edward Singer

A Robeck’s Juice Store Customer’s tirade rocked Store Employees. He shouted anti immigrant statements as well a profanity. It is reported he tried to enter the employee’s work area and his tossed and struck an employee with a drink.

The Customer was angry because he believed that the employee who prepared the drink with nuts in it. His child, with nut allergies, had a reaction and required being taken to a hospital. Anaphylactic shock which can be deadly.

It was reported that he said, ‘Shut the f*** up! Stupid f****** idiot. You’re a f***** idiot. I want the f***** number. Shut up,.the furious customer…, demanding to know the number of the corporate office. ‘You’re a f***** immigrant loser,’ he then says to one of the employees, prompting the rest of the staff to yell at him to leave the store. ‘Get the f*** out of here, you f****** b***.’ Dailymail.com

Was There a Work Injury?

In this matter, while the facts are strongly suggestive of a work injury, there is more that is needed. While a Worker was struck by a drink, the question is whether they sustained either a physical or mental injury as a result. The same question is with the tirade as well.

Thus, for workers’ compensation purposes, medical professional reporting of either a physical or mental nature is required. Unlike a personal injury claim that could arise from the incident, workers’ compensation requires more evidence. The fact pattern lack medical documentation to indicate whether there is a claim.

If The Worker Was Wrong In Making the Drink Would That Matter?

With this fact pattern, if the Worker had improperly made the drink, it would not matter. The outburst as a result and the throwing of the drink would still be considered as events that could cause a legitimate work injury. Workers’ compensation is a “no fault” system. The interaction was between an Employee and a Customer.

What if I Need Advice?

CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

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.

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?

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?