A Grocery Clerk was attacked by multiple customers. A dispute concerning cashing in recyclables led to the violent attack. Nypost.com According to the New York Post, the Clerk stated ““No one ever attacked me like that.” The article noted “she’s terrified to go back to work because her attackers are still on the loose and may return.” The Injured Clerk stated “I have to come back,” she said. “I have to work. I need money. I need my job. I don’t know what else I can do.” Nypost.com. The incident was caught on video.
Does the Video By Itself Prove Up The Claim?
No. While the video may be helpful to prove that the accident happened, medical evaluations documenting the Grocery Clerk’s injuries are just as important. Workers’ Compensation benefits are paid out in accordance with medical reports and not graphic videos. Many times the film only assists to prove that the injury happened. Thus, the video may only expedite an insurance company’s acceptance of the claim.
Can The Clerk Get Paid For Time Off If She Is Terrified to Return To Work?
No. Being terrified is not enough to warrant the payment of compensation. The Grocery Clerk needs to have a physical or mental medical diagnosis. This medical condition should supports the time off. In this circumstance, an off-work note from a mental health practitioner would trigger the payment of temporary disability benefits.
What Happens If Her Doctor’s Say That She Cannot Return to Her Job On A Permanent Basis?
Under California Law, if she cannot be accommodated by her employer, under workers’ compensation law, she would be entitled to a job voucher from her employer. This would allow for a $6,000.00 voucher as well as a separate payment from the State.
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.