Work Injury

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MUSEUM WORKERS STABBED BY CUSTOMER: INJURED WORKERS IN THE NEWS, #21

Posted on March 14, 2022 by Edward Singer

Museum Workers at the New York Museum of Modern Art were viciously attacked by a Customer. The customer leaped over a counter and proceeded to stab two 24 year old employees with a knife. The individual believed to have stabbed the individuals had an address which provided housing for homeless and those living with hiv or aids. dailymail.com

From the museum video, it would appear that each worker was stabbed with the same knife.

This incident raises the issue of blood borne diseases. The story reports that the attacker lived at a facility that is dedicated to people with human immunodeficiency virus.

Why Do These Facts Matter?

Blood Borne Diseases are included to be claimed within California Workers’ Compensation. Thus, treatment and compensation for these conditions contracted industrially are to be provided. In museum stabbings, it would appear medically indicated that both of these workers be treated for stab wounds as well as receive work-ups for any blood borne illnesses. Should a blood borne disease be caused by the stabbing, i,e, hiv or hepatitis, the individual would be able to make a claim for the injury.

A Blood Borne Disease Designation, in Workers’ Compensation, can afford additional benefits to Injured Workers in the form of total temporary disability benefits. Per LC 4656, an Applicant is entitled to up to 240 week during a period from five years from the date of injury for cases of acute and chronic hepatitis b, acute and chronic hepatitis, and human immunodeficiency virus, hiv. This is in contrast with 104 week limitation for most claims.

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 WORST WORK INJURY EVER? INJURED WORKER IN THE NEWS, #20

Posted on March 9, 2022 by Edward Singer

A Contract Worker was killed at a landfill in Florida in perhaps the most horrible way possible.

While he was using a Porta Potty, a bulldozer ran the portable bathroom and killed his co-worker.

The Bulldozer Operator and the Deceased Employee worked for the same company. It is reported that the driver ‘… immediately exited the bulldozer and ran towards the porta potty to see if anyone was inside of it,’ the sheriff’s office spokesperson said. ‘At that time, he observed Henderson unresponsive inside the porta potty.’ dailymail.com

This tragic fact pattern will be discussed within California Law. This fact pattern contains many issues as to whether a worker can sustain a work injury while using the facilities. Further, is it possible for someone to be “at fault” and pursue a claim.

If A Worker Is On A Restroom Break, Are They Protected Under Workers’ Compensation?

California Workers’ Compensation Law provides for the “personal comfort doctrine.” The “personal comfort doctrine” provides generally that compensation extends to injuries suffered while the employee is engaged briefly and during work hours in a personal act which is necessary or helpful to his comfort or convenience. (2 Hanna, op. cit., supra, § 9.03[2][a], pp. 9–3—9–31.) The personal comfort doctrine is not strictly limited to injuries suffered on the employer’s premises. ( Cf. State Comp. Ins. Fund v. Workmen’s Comp. App. Bd. (Cardoza) (1967) 67 Cal. 2d 925 [32 Cal. Comp. Cases 525, 64 Cal. Rptr. 323, 434 P.2d 619] Fremont Indemnity Co. v. Workers Comp. Appeals Bd. (1977) 69 Cal. App. 3d 170 [42 Cal. Comp. Cases 297, 137 Cal. Rptr. 847].) [**8] Its limit is reached when the acts “are found to be departures effecting a temporary abandonment of employment. …” ( Id., at p. 928.) Olson Farms, Inc. v. Workers Compensation Appeals Bd. of California & Suzanne Shawnego, 51 Cal. Comp. Cases 107 (Cal. App. 3d Dist. March 05, 1986)

Thus, the Contract Worker would be covered when he used the restroom since he was engaged in a personal act which was for his comfort. His family would be able to pursue a Death Benefit Dependency Claim.

What About The Bulldozer Operator Who Cause the Accident, Does He Have A Claim?

With this fact pattern and given the “no fault” nature of workers’ compensation, the Bulldozer Operator, if he sustained an emotional injury as a result of killing his co-worker, could file a claim. It would appear that the incident may have psychiatrically traumatizing,

What If I Need Advice?

AMAZON WAREHOUSE WORKER TERRIFIED BY ROBOT? INJURED WORKER IN THE NEWS, #19

Posted on March 7, 2022 by Edward Singer

Apparently Robots trapped an Amazon Worker in a warehouse. He documented this incident and posted it on TikTok. It is reported “In a truly mesmerizing moment, just as the man turns down one route, his pathway to freedom is blocked as another yellow shelf is moved directly into his way, forcing him to turn around. Viewers of the video were surprised by the worker’s encounter with one describing it as ‘a true horror movie.’”

Did the facts presented warrant a work injury claim? Scary or traumatic events do not necessarily translate into a work injury claim.

How Could This Incident Be A Work Injury?

In order for there to be a work injury, there must be a finding of a medical problem that can be either physical or mental nature. This finding should be made by a health practitioner. Thus, a worker believing that they were injured also need to present medical opinion of a work injury and a diagnosis. If this worker believed that he sustained an injury, he could report a claim to his supervisor. He will then be sent for treatment and evaluation.

What If I Need Advice?

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?

4 California El Cajon Plane Crash Victims: Injured Workers in the News, #8

Posted on January 4, 2022 by Edward Singer

It was recently reported that both Flight Nurses and Pilots died in a tragic jet plane crash in San Diego. “[T]he twin-engine jet was registered to El Cajon-based Med Jet LLC.” kmph.com

The plane crash constitutes a work-related accident. Dependents of the deceased workers can seek compensation as well as obtain burial expenses to cover the funeral. With the limited facts from the news reports, it appears that employment and jurisdiction issues may exist.

Who Are Flight Nurses?

Flight Nurses provide medical care during transportation of patients. Flight Nurses can serve on fixed wing planes, jet planes and helicopters. Flight Nurses can operate out of a base location. From that location, they can travel throughout the world to provide this assistance.

For example, individuals having a medical event or accident on vacation may need to be transported home.

Is There A Particular Issue with Flight Nurses?

Yes. Jurisdiction is an issue that may come up with Flight Nurses. While they may be based in a particular state, work injuries can occur in other states. Thus, a legal dispute may arise as to which state has jurisdiction to adjudicate the claim. In some instances, multiple states may offer jurisdiction. Jurisdiction is the legal term used for the “correct” location to file the action.

In the present matter, it is not clear whether the Flight Nurses lived in California. If they did, a California workers’ compensation claim could be filed. From the facts, they may be been employed by Med Jet LLC which operates in California. Thus, this is also a basis for California jurisdiction.

Who Is the Employer?

While the plane was registered by Med Jet LLC, it is not clear from the news accounts that the company employed the nurses. A determination needs to be made as to who was their employer.

Are There Other Causes of Action?

In this matter, there may be a variety of causes of action. If the nurses did not work for Med Jet LLC, there might be a cause of action against the plane’s owner. Further, if the pilots were not co-workers, a cause of action may be applied against them. Likewise, there might be a product’s liability claim against the plane’s manufacturer.

What if I Need Advice?