Venue

Home » Blog » venue

ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82

Posted on May 1, 2023 by Edward Singer

A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield. It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com

If No One Really Knows How The Rock Hit The Windshield, Does It Matter?

No. Workers’ Compensation is a “no fault” system. The regardless of how and why the rock struck the windshield, it did cause an injury. Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.

Where Can The Claim Be Filed?

Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws. Thus, the Driver must determine which State will serve as the venue. There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened. Thus, an analysis should be done with respect to this issue prior to filing the claim.

What Injury Claims Does This Worker Have?

In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness. Usually, the loss of consciousness usually indicates that that he suffered a concussion. Likewise, he may have suffered a vision injury. Further, he suffered a cosmetic injury due to 27 stitches on his face. Possibly, he may have also suffered a dental injury. Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim. Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.

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.

THE “LUCKIEST” WOUNDED EMPLOYEE? INJURED WORKER IN THE NEWS, #42

Posted on June 13, 2022 by Edward Singer

Television Golf Reporter, Sage Steele, sustained an industrial injury when a line drive golf ball struck her in the face at a Professional Tournament. She sustained facial injuries which included dental. She reported that she “the luckiest person in the world to still be here.” Foxnews.com She reported “it is amazing how quickly life can change, right?” She reported that Steele said she has “a long way to go” in her recovery but extended thanks to all those who wished her well and her dentist for his extensive care. Foxnews.com

This fact pattern addresses many issues in workers’ compensation. There are venue issues and treatment issues. This story offers a touch on the reality of the impact of serious work injuries upon an employee.

Where Should This Claim Be Filed?

Jurisdiction and Venue are legal terms which address the location legal action may be filed. In Workers’ Compensation Law, there are several factors which may impact both the state and the location of where an action is filed. Factors that are consider include the location of the employment, the residence of the employee, and the location of the injury. In this instance, Ms. Steele may work out of a particular state, i.e. California. As such, California a proper venue.

Are Dental Injuries Covered Under Workers’ Compensation?

Yes. In California, dental injuries are covered. Thus, dental treatment to cure or relieve from the effects of the injury are to be provides in accordance with Labor Code Section 4600. Dental treatment is subject to Utilization Review. Depending upon the nature of the dental condition, a lifetime award can be provided if medically indicated. For those not having dental insurance, the award of future care can be invaluable.

What Is the Lesson From This Work Injury?

Work injuries can be life changing events. Significant life changes can include permanent medical conditions that can cause pain or impairment. Likewise, serious injuries can end one’s ability to perform their vocation. Ms. Steele’s view of being lucky represents the reality for many workers.

What If I Need Advice?

Southwest Airlines Attendant Sustains Dental Trauma As A Result of Unruly Passenger: Injured Worker In the News, #39

Posted on June 1, 2022 by Edward Singer

It is reported that an Unruly Passenger was sentenced concerning to jail time as a result of an attack of a Soutwest Airline Flight Attendant. The Attendant reportedly received a blow to her face and had some teeth broken. The plea agreement noted that the Flight Attendant suffered three chipped teeth, two of which needed crowns, along with bruises and a cut under her left eye. Dailymail.com

From the facts, the Attendant could sue the Passenger civilly for the tort action of battery. Additionally, the Southwest Airlines’ Worker has a workers’ compensation claim. This article will discuss where the Injured Worker can pursue a workers’ compensation claim as well as the benefits that would be received.

Where Can The Flight Attendant File Their Claim?

Yes. The Flight Attendant has multiple locations at which they may file their claim. For a Workers’ Compensation Appeals Board filing, the venue can be determined by the Worker’s address, the Employer’s address or the location of the injury. Applicant’s attorney’s address can also serve as venue. Since, this accident occurred midair, the location where injury happened is tricky. As such, the Employee’s residence is likely a better choice of venue. As the flight was from San Diego to Sacramento, it is likely that the San Diego WCAB would likely be the venue for the Employee’s address. Likewise, if Southwest Airlines had a terminal at the San Diego Airport, the San Diego Workers’ Compensation Appeals Board would most likely be an appropriate venue as well.

What Work-Related Injuries Can the Flight Attendant Claim?

For the purposes of this answer, we will limit the body parts as reported on the plea agreement. Thus, the Attendant sustained dental injuries as well as a facial/cosmetic injury.

The Injured Worker would have been entitled to dental care to cure or relieve from the effects of the injury as well as permanent disability, if indicated. Likewise, future medical care would be likely should the dental work need repair.

The cut under the left eye may also require cosmetic repair. Thus, medical treatment Also, the cut may have caused permanent cosmetic injury. This may entitle an award of permanent disability depending upon the nature and extent of the defect.

What If I Need Advice?

NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

Posted on April 11, 2022 by Edward Singer

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine. According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes. Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment. In other terms, Medical Transportation is necessary as part of medical treatment. This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury. Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts. The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656. Likewise, his eye injury may also qualify him for the benefit. His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause. The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state. Most likely, Mr. Hall’s claim could be filed at the location he works. Thus, if he is based out of Texas, Texas law may apply. Venue, at times, can involve a multitude of factors. This can include where his contract was made or which States Mr. Hall worked in at Fox. In otherwords, there may be a choice of venue given the facts of the case.

What If I Need Advice?

WCITN #14: A Unique Film Production Injury

Posted on November 8, 2021 by Edward Singer

The Rust Film Production’s fatality was not the only work injury of interest. Another worker sustained a work injury when they were bitten by a venomous brown recluse spider. This occurred when the production was shutting down. The spider’s bite contained poison. As a result, the crew member has been hospitalized and may require the amputation of an arm. The injury occurred “on location.”

It is reported that “a lamp operator and pipe rigger, was working to wind down production of the film after cinematographer … was fatally shot…, when he was bitten by a brown recluse spider – a venomous spider that is native to North America.” It was reported he “started experiencing severe symptoms, including necrosis of his arm, which occurs when cells die, and sepsis.” Dailymail.com

There are several unique issues with regard this work injury:

Where Should the Workers’ Compensation Claim Be Filed?

The location of where a work injury is to be filed is generally referred to as the venue. Workers’ Compensation for private employers is generally a state issue. Thus, when there is a “on location” injury, the question arises as to which state would be the proper venue. This is an issue which is heavily factual. Where the employee lives, where the contract was made, where the employer is located, and where the injury happened as are relevant. A careful legal analysis must be done to determine venue. There are times when multiple states may serve as a proper venue.

Who Pays the Medical Bills?

In the news reports, there was concern about the Injured Worker’s medical bills. In California Workers’ Compensation Law, the Employer is 100 percent liable for paying medical bills that are generated in accordance with the Labor Code. Thus, it is important that the claim be made.

Is There Anything Special Concerning the Nature of the Injury?

Yes. If an amputation is required in the matter, the Injured Worker’s period of temporary disability payments would be extended from 104 weeks to 240 week which must be within the period 5 years from the date of injury.

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.