RESTAURANT STAFF ASSAULTED IN SAUCE-Y DISPUTE: INJURED WORKERS IN THE NEWS # 46

Fast Food Workers are being subjected to unprecedented dangers.  Minor disputes with Customers,  such as over condiments, have led to both injury and tragedy.  A recent assault of Fast Food Workers in New York is both disturbing and unique.

Fancy French Fry Establishment Workers were assaulted by a trio of unruly customers upset over the $1.75 extra sauce charge.  Objects were thrown,  a crowd of spectators watched and did nothing, and the incident was, in a large part, captured on video.    It is reported that “[t]he women went ballistic, tearing down the plexiglass COVID guard along the counter, ripping out the cash register and hurling glass bottles and stools at the employees.” NyPost.com

The incident was so high profile that the worker were interviewed.  One reported bleeding from their scalp.  Another reported an aggravation of their blood pressure condition.  A number of them reported being fearful and hesitant about returning to work.

Is The Video Sufficient to Win a Workers’ Compensation Case?

No. The video is not sufficient to win these workers’ cases.  The video, however, is powerful evidence as to what happened.  Workers’ Compensation claims require medical reporting to support claims and entitlement to benefits.  Given the facts, the injuries from the incident include a head trauma, an aggravation of hypertension, and psychological complaints.

Can An Aggravation of Blood Pressure Be Claimed As A Work Injury?

Yes. An aggravation or acceleration of a pre-existing condition can constitute a work related injury in California.  A medical specialist, either a treating doctor or an evaluator, will be required to offer an opinion.

Are The Injured Workers’ Feelings and Actions Sufficient For Them To Get Workers’ Compensation Benefits?

No.  In the facts, some of the workers remained at home as a result of the injury.  In order for them to get workers’ compensation benefits for missing time from work, they need to be placed off work by a medical professional.  Workers who need to be off of work need to seek medical attention and have their providers determine their ability to work. A worker’s personal opinion is not sufficient.

Is There a Threshold To Prove A Psychiatric Injury In These Matters?

For each individual worker, they all must meet the threshold to prove a psychiatric injury.   In this matter, is it possible that the Labor Code Section 3208.3 provision concerning violent acts may apply.  The section indicates, “in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.”  In this matter, if the parties cannot agree that the incident was a violent act, then it would be the Workers’ Compensation Judge to make that determination.

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.

ATTACK AT HOSPITAL WITH MEDICAL WORKERS STABBED: INJURED WORKERS IN THE NEWS # 40

Headlines reported that Encino Hospital Workers were attacked a stabbed by an Attacker.  These workers were reportedly in critical condition.  Dailymail.com

This article will discuss the immediate concern on this matter.

What Is the Major Concern with This Incident? 

Given the facts and the assumption that the same knife was used in the attack each victim, it is likely that the workers may have been exposed to each others blood.   Thus, a long term issue is the concern with respect to this injury is whether the workers were exposed to a  Blood Borne Illness.  Blood Borne Illnesses include Malaria, Syphilis, and Brucellosis, and Hepatitis B (HBV), Hepatitis C (HCV) and the Human Immunodeficiency Virus (HIV).  As such, treatment and monitoring for these illnesses would be part of the work injury protocol.  Thus, besides treating the Injured Workers  wounds and likely psychological injuries, an additional Internal Medicine Program will be included to provide prophylaxis treatment as well as testing and monitoring for blood borne pathogens.

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

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.

 

MACY’S EMPLOYEE ROBBED AND ASSAULTED AT WORK: INJURED WORKERS IN THE NEWS #5

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.

 

 

Did A Not So Soup-er Customer Cause A Work Injury?: Injured Workers In the News, #1

Restaurant Workers, with both COVID-19 and work shortages, are encountering unprecedented stress.  Restrictions and delays have customers are acting out in outrageous ways.  Recently, a Restaurant Manager had a scary encounter with hot soup.

It is reported that an angry Customer threw hot soup in a Restaurant Manager’s face.  The Customer was upset because she found plastic melted into the soup.  The soup was spicy menudo.  Criminal charges have been filed against the Customer.  The Manager, who was struck by the soup, stated  “the experience itself was traumatizing and heartbreaking.’ Dailymail.com ‘[I] felt my spirit had been broken just knowing someone could do something so awful and then laugh about it.’ Dailymail.com

Was There A Workers’ Compensation Injury? 

Possibly. A workers’ compensation injury requires that a body part be injured.  From the facts, it is possible that the Manager suffered a burn injury as a result of the hot soup.   Also, it is possible that she may have suffered an injury to her eyes.  Additionally, she may have suffered a psychiatric injury. From the reports, she expressed some emotions concerning the incident.

Any injury claim should be supported by medical evidence.  Thus, a medical report documenting a burn is important.  The same would be with respect to an eye injury.  Finally, any psychiatric injury claim should be supported by the opinion of either a psychiatrist or psychologist.

Why Is The Burn Injury Unique In This Case?

In this case, under California Law,  if the Manager’s eyes were burned in the incident she might be entitled to an extended period of disability benefits.   Chemically burned eyes is a basis for these extended benefits.  Whether spicy soup would be considered as a “chemical” would be an issue worthy of litigation.  The soup may have contained particular chemicals that could cause an ocular burn. Medical opinion would be required to prove this fact.

Are There Any Other Sources of Benefits Beyond Workers’ Compensation?

In light of the alleged criminal activity, the manager, if in California, could seek assistance through the California Victims’ of Crime program.  https://www.workinjuryhelp.com/california-victim-compensation-program-calvcp/

Also, there is a possible lawsuit for personal injury against the customer who caused the injury.

If the Customer’s Complaint About the Soup Was Correct, Would That Impact A Workers’ Compensation Claim?

No.  With respect to workers’ compensation law, claims are “no fault.”  Thus, even if the manager had been responsible for the hot soup problem, she would still be able to pursue a work injury 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.

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