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.

IWITN #45: A Tragic Shooting Death & Injury Of Subway Employees

It is reported that one Subway Sandwich Artist was tragically murdered and that another was shot at an Atlanta Subway Sandwich Store.   A customer,  upset over too much mayo being placed upon a sandwich,  reportedly became violent and fired shots.  The tragedy is made worse as the son of the deceased worker was present. Dailymail.com

The focus of this post will be with respect to the child who was present and their rights.  This will discuss the matter in light of California Law.

Can The Child File a Workers’ Compensation Claim?

Yes.  If the child’s mother was a worker and passed, it is likely that a dependency death claim can be pursued.   This would be based upon the child’s age and whether their mother provided support.

Are There Any Other Benefits That The Child Could Obtain?

Yes. In the State of California, there is a Victim’s Crime Board (CalVCB) that can provide assistance.  In order to qualify, a person “must be a victim of a qualifying crime involving physical injury, the threat of physical injury or death to qualify for compensation. For certain crimes, emotional injury alone is all that needs to be sustained. Certain family members or other loved ones may also qualify.”  There are certain criteria that must be met as well.

One benefit that can be provided is mental health services.   CalVCB can provide assistance in getting “An eligible victim may receive up to three mental health counseling sessions. Providers are required to complete a treatment plan and submit it to CalVCB before the client’s fourth session to obtain additional sessions.

There may be other benefits available.  The Victim’s Crime Board website has the information.

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.

IWITN #38: Was A United Airlines Worker Brawl With A Passenger A Work-related Injury?

A viral video shows a United Airlines Luggage Check-In Worker engaged in a fist fight with a customer.  The video shows the UA Worker punching the customer.  The video then shows the customer beating up the worker.  Dailymail.com

For the purpose of this post, we will take the video as the totality of the interaction. Thus, we will analyze whether the UA Worker can claim a work injury for the blows that he sustained. Again, the facts, for this hypothetical, are that the UA Worker came up to the customer and struck the customer.  The customer, in turn, then struck the UA Worker.

It is reported that prior to the blows that there was some interaction between the UA Worker and the customer concerning the customer using a wheelchair to transport luggage as opposed to paying for a luggage cart.

Can the UA Worker Claim An Injury With Respect to the Exchange of Blows?

Labor Code Section 3600(a)(7) prohibits recovery under workers’ compensation law in California “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is often referred to as the “Initial Aggressor Rule.” Thus, the fist fight injuries would not be covered as a valid claim. The reason being is that the UA Worker threw the first blow and therefore was the initial aggressor.

Could the UA Worker File a Different Claim?

From the facts of the case, the UA Worker apparently became agitated to the point that he decided to attack the customer. There is the possibility that a psyche claim could be filed.  From the video, it would appear that the UA Worker was unhinged.  A determination on this matter would be deferred to a mental health practitioner.

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.

 

WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee.  The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.”  It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits.  There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.”  In California, it is possible that a Business Owner can be covered under workers’ compensation.  Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee.  This must be arranged within the policy’s terms.    If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes.  If his son was a company employee,  he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event,  it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3

Beyond Workers’ Compensation, Are There Any Other Benefits That Either The Owner or Son Could Collect? 

Even if the Owner or the Son are not considered an Employees, there is a special Victims Compensation Board Program in California.  The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

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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