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CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

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 STRICT WORK RULES CAUSE A PSYCHIATRIC INJURY AT THE HAPPIEST PLACE ON EARTH? INJURED WORKERS IN THE NEWS, #4

Posted on December 17, 2021 by Edward Singer

A Disney Worker reportedly is suffering from Post-Traumatic Stress Disorder (PTSD) and developed an eating disorder as a result of working at Disneyland. She attributes it to stress from strict work rules. -Dailymail.com.

One of the strict rules was that some “performers” were required to solely speak in English.

Despite the requirements, this Disney Worker reportedly broke the rules and spoke foreign languages to customers. ‘If I had been caught, that is a big reprimand and potentially getting fired, ‘it was reported. She stated that ‘I fully know what I did was against the rules, and it has to do with character integrity,’ she said. ‘I got to a point where I thought the benefit to the guest was greater than the risk.’ She noted that ‘In Disneyland Paris, they are encouraged to speak multiple languages, and they don’t get in trouble for it there,’ she shared. ‘I take an issue with that. If you’re gonna have a rule, it needs to be across all parks.’ -Dailymail.com

It was reported that she “lost her status as a part-time seasonal employee because she failed to clock in enough hours in character after she welcomed her first child.” Dailymail.com

Since the Disney Employee is reportedly suffering medical problems as a result of her employment, the question, based upon the facts alleged, is whether this would be considered as a valid workers’ compensation claim.

Can a Worker File A Stress Injury Over “Work Rules”?

Yes. In California, Workers can file a Workers’ Compensation Psyche Injury Claim with respect to stress caused by work rules. With respect to Psychiatric Injuries, there are some requirements, however. There is the requirement of six months of employment with the employer. There is the requirement that the Psychiatric Injury be the result of actual events of employment. There is the requirement that the predominant cause of Psychiatric Injury is work-related. There is the requirement that a substantial cause, 35-40 percent, cannot be a result of good faith non-discriminatory personal actions.

One major issue is whether or not the Disney “work rules” constitute a “good faith” personnel action.

Additionally, there is the question as to what percentage of the rules contributed to causing the injury.

Are Stressful “Work Rules” a Valid Basis for a Claim?

Possibly. The issue is whether particular “work rules” are legal to be viewed as good faith personnel actions. The legal determination is made by a Judge and the case law on the issue.

An “English only” speaking rule in the workplace may be challenged as being a “good faith” action. It is possible that it could violate some state law or otherwise be considered discriminatory. With the present fact pattern, since the rule applied to performers, there may be a valid reason for requiring English. Again, it is a Judge will be required to make a legal determination on the issue.

Were There Any Other Sources of Stress?

The facts on the matter included her loss of status because she failed to clock in enough hours in character after she had her first child. This event may be considered a personnel action. This may also be an issue disputed as being in good faith. An issue of pregnancy discrimination could be raised.

How Are Causation Percentages Obtained?

Causation percentages are assessed by a mental health practitioner. Generally, a Psychiatrist or Psychologist will be making that determination. The medical practitioner can be a Treating Doctor, a Qualified Medical Evaluator, or an Agreed Medical Evaluator. The determination usually requires the Injured Worker to be interviewed and tested. Evaluation of personnel records, medical records, and witness statements may also be indicated.

What If I Need Legal Advice?

COVID-19, HEALTHCARE WORKERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on September 28, 2021 by Edward Singer

A recent Occupational COVID-19, Study addressed Coronavirus Work Injury Claims for Health Care Workers. The study was done in Germany. Nienhaus A. COVID-19 among Health Workers in Germany-An Update. Int J Environ Res Public Health. 2021 Aug 31;18(17):9185. doi: 10.3390/ijerph18179185. PMID: 34501773; PMCID: PMC8431697.

Healthcare Workers, being on the front line of medical care, are at significant risk for industrial COVID-19 infection injuries. Infection rates appear to be different for each particular Healthcare Occupation. Infection risk differs from support staff workers to nurses to doctors. Likewise, the Healthcare Worker’s workplace can impact the infection risk. Facility types, i.e. hospital, nursing home, etc, can play a role in infection rates.

This article will discuss the study which addresses Healthcare Workers and their industrial COVID-19 infection rates.

What Health Care Facilities Are Impacted?

The study showed that “most claims concern inpatient and outpatient nursing (39.5%) or clinics (37.6%).” Supra.

In contrast, medical practices are not subject to as many claims. It was reported that “As few as 3.2% of the claims concern medical practices.” Supra.

In other words, it appears that facilities which address extended patient care have greater rates than mere evaluations or examinations.

What Was the Claims Acceptance Rate for Occupational Injury?

It was reported that “.. 77.5% of all claims were assessed, and in 81.4% of these, the OD(Occupational Disease) was confirmed.” Supra.

Thus, it appears in Germany that there is wide acceptance of industrial claims of injury for COVID-19.

How Are Healthcare Workers Impacted?

Nursing is the profession most impact with 68.8% of the cases. Supra.

Hospitals had the highest claims rates with 41.3 claims per 1000 full time workers. Supra.

What Was Treatment Severity?

It was reported seventy-seven workers died (0.09%) and three hundred and seventy-five (0.4%) were hospitalized. Supra.

The majority of workers got treatment clinics (52.3%) and inpatient and outpatient care facilities (28.0%) Supra.

What Percent Claims Considered as Industrial?

A total of 65,693 (77.5%) claims were assessed, and for 81.4% of these claims, the Occupational Disease was confirmed. Supra.

Where Was the Highest Frequency of Claims?

The Occupational Disease rate per 1000 full time workers highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

Where Were the Highest Claims Rates?

The Occupational Disease rate per 1000 full time workers was highest in clinics, followed by inpatient and outpatient care (28.9 and 20.8). Supra.

The hospital breakdown was per 100,000 full time workers highest for clinics (25.4), followed by inpatient and outpatient care (10.5) and medical practices (8.7). Supra.

What If I Need Legal Advice?

WCITN #9: A Stressful Scene At An Italian Restaurant

Posted on September 23, 2021 by Edward Singer

In New York, a controversial scene that happened at Carmine’s Restaurant. It was not about a bottle of red, a bottle white, or a bottle of rose, it was in part as a result of COVID-19 restaurant limitations. As a result, an altercation ensued in which a two month employee was assaulted by customers. It is reported that criminal charges were filed against the individuals who attacked her. The reporting does not indicate whether the hostess sustained any physical injuries. It is reported that she has not returned to work since the incident.

The restaurant spokesperson stated “[t]hree women brutally attacked our hosts without provocation, got arrested and charged for their misconduct, and then, over the last several days, had their lawyer falsely and grossly misrepresent their acts of wanton violence in a cynical attempt to try to excuse the inexcusable,” Carmine’s owner Jeffrey Bank said in a statement, according to WABC.” Foxnews.com

The owner also said “[m]y team members work too hard to serve our guests, work too hard to comply with New York’s vaccination requirements, and still suffer too much from the attack for me to allow these false statements to stand,” Bank said in his statement.” Foxnews.com

Does the Hostess Have a Valid Workers’ Compensation Injury?

From viewing the incident online, it is unclear as to whether the Hostess sustained a physical injury. A physical injury could be a musculoskeletal injury or some form of cut or abrasion. Besides a physical injury, she may have sustained an emotional or stress injury as a result of the incident.

Is Her Short Employment a Workers’ Compensation Issue?

Yes. In California, to file for a stress claim, a worker must have worked for a period of 6 months. The six months is not required to be continuous. There is a sudden and extraordinary employment condition. This is per Labor Code Section 3208(d).

The question is whether the customer altercation would constitute a sudden and extraordinary employment condition. This would be considered a triable issue for which a Workers’ Compensation Judge can make a determination.

Can Evidence Be Important In This Matter?

In this case, the Employer made statements as to the extraordinary nature of the events that occurred. These comments would be useful evidence to prove that the incident was a sudden and extraordinary employment condition. Likewise, the fact that arrests were made of the patrons would be an important fact.

What Would the Hostess Receive If Her Claim Was Accepted?

If the Hostess’ claim was pursued and accepted in California, she would be entitled to treatment, total disability payments, permanent disability payments, and possibly a job displacement voucher. The entitlement to these benefits is dependent on the medical provider’s opinions.

What If I Need Legal Advice?

WORKERS’ COMPENSATION IN THE NEWS #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

Posted on September 17, 2021 by Edward Singer

In Los Angeles, a horrific property fire happened at a Vape Shop which included an explosion. As a result, a number of firefighters sustained injuries trying to put out the fire. A Fire Captain sustained serious injuries which included the loss of fingers.

It was reported that he is now suing the property owner for negligence. The allegations of negligence concerned the owner’s storage of both nitrous oxide and butane containers in excess. Dailymail.com

Was the Fire Captain’s Injuries a Workers’ Compensation Injury?

Yes. The Fire Captain was in the course and scope of his duties when putting out the fire. Therefore, he is entitled to pursue a workers’ compensation case.

If the Fire Captain Filed the Civil Suit Against the Property Owner, Can He Still File a Workers’ Compensation Claim?

Yes. Many Work Injuries are caused by Third Parties. A Third Party is someone other than the Employer. Based upon the alleged facts, the Fire Captain could pursue both a workers’ compensation claim and a civil lawsuit. He did not have to choose between one or the other.

Can an Injured Worker Collect Separately From Both a Workers’ Compensation and a Civil Claim?

Not necessarily. Many times, the Insurance Company for the Workers’ Compensation will join in the Civil Lawsuit. This is called subrogation. They, like the Injured Worker, are entitled to collect a recovery from Third Party that was liable for the work injury. The division of the proceeds from a Civil Action would be dependent on the facts. For example, if the Workers’ Compensation Insurance paid out a lot of money in medical care, their lien on the Third Party case may be quite substantial. They would command a considerable amount.

Is There Any Special Benefits a Fire Captain Can Receive from This Work Injury?

Yes. There are two special benefits. First, the Fire Captain is entitled to salary continuation for up to one year pursuant to Labor Code Section 4850. Second, the Fire Captain, due to finger amputations would be entitled 240 weeks of TTD benefits as opposed to the 104 week limitation. This is per LC 4656.

Why Would the Fire Captain File a Civil Claim?

A Civil Claim provides for different types of damages. For example, wage loss would be a factor. In light of the Fire Captain’s loss of fingers, he may have substantial wage loss as his firefighting career may be over.

What If I Need Legal Advice?