Do These Statistics Mean Anything Concerning An Individual Police Officer’s Work Injury?
What If One of These Attacks Prevents A Police Officer From Returning to the Job?
What If I Need Advice?
Category Archives: Workers’ Compensation
McDonalds’ Workers Serving Up Unhappy Meals? Injured Workers In the News, #109
A problematic workplace has plagued an Australian McDonalds. Alleged rat infestation created workplace disharmony along with “… falling ceiling tiles, exposed wiring, and broken air conditioners that are subjecting workers to unnecessary risks.” News.com.au
This article will discuss how whether these workplace problems necessarily translate into workers’ compensation claim for work injury.
Do These McDonalds’ Facts Constitute a Work Injury?
With California Law, horrible work conditions do not automatically translate into work injury claims. Dangerous work conditions are a matter for the Department of Industrial Relations. In California, the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women and the safety of passengers riding on elevators, amusement rides, and tramways. This is achieved in a variety of ways including setting and enforcing standards, providing outreach, education, and assistance Issuing permits, licenses, certifications, registrations, and approvals. While there may not be any physical injuries, the conditions may warrant inspections and fines.
Could These Facts Lead to A Work Injury?
Yes. These facts could not only lead to work injuries, but they could also lead to a claim of Serious and Willful Misconduct. Ceiling tiles can fall and injure workers. Workers can trip and fall on exposed wires. Further,, employees can develop heat stroke while working in hot conditions. Finally, there is the possibility an employee could get an infection or disease as a result of the rodents. Finally, these conditions might be so horrible that the workers might suffer emotional stress to the extent that they develop a mental disorder. Any mental disorder claim should be supported by the opinion of 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.
HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108
Long Beach High School Basketball Coaches are reportedly getting harassed on the job. It has been reported reported that a second coach recently resigned.
With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,” Nbc News. The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News. The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.
This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.
Can Someone File a Stress Claim If They Resign?
A resignation due to stress would not bar a workers’ compensation claim. An Injured Worker can pursue a claim regardless of their employment status. In this instance, the claim would likely be a stress or psyche claim. Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.
Can Someone Claim Benefits If They Are A Volunteer?
Yes. It is possible that a Volunteer can claim workers’ compensation benefits. There are some provisions that allow volunteers to file claims. These individuals should check with the HR department to see if they are eligible.
Does Parental Harassment Constitute Job Stress?
Yes. Parental harassment would be considered as an industrially related stress.
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.
ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82
A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield. It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com
If No One Really Knows How The Rock Hit The Windshield, Does It Matter?
No. Workers’ Compensation is a “no fault” system. The regardless of how and why the rock struck the windshield, it did cause an injury. Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.
Where Can The Claim Be Filed?
Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws. Thus, the Driver must determine which State will serve as the venue. There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened. Thus, an analysis should be done with respect to this issue prior to filing the claim.
What Injury Claims Does This Worker Have?
In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness. Usually, the loss of consciousness usually indicates that that he suffered a concussion. Likewise, he may have suffered a vision injury. Further, he suffered a cosmetic injury due to 27 stitches on his face. Possibly, he may have also suffered a dental injury. Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim. Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.
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.
A BUSLOAD OF BUS DRIVERS INJURED WHEN THE WHEELS ON THE BUS DIDN’T GO ROUND N’ ROUND: INJURED WORKERS IN THE NEWS #49
A bus load of Bus Drivers were injured when a bus driven by a Bus Driver flipped and crashed. Dailymail.com
It is reported that “the bus had been carrying 37 adults – 36 passengers and the driver – police said. Police had said those on board were employees of the same company, but did not specify the origination. All 36 passengers were treated for injuries at the scene, police said Thursday, with three needing to be hospitalized.” Dailymail.com
This article will address of an issue that results from an industrial accident involving multiple workers.
Is There A Personal Injury Claim that Can Be Filed Against the Bus Driver?
No. It is reported that all of the passengers worked for the same company. Thus, workers’ compensation is the appropriate venue.
Since Everyone Was in the Same Accident, Will They All Receive the Same Recovery?
No. The fact that two individuals are in the same accident does not mean that they will receive the same recovery.
There are many factors that will create different results for disability awards.
Impairments: The body parts injured and the nature and extent of the injuries will determine the disability percentage.
Apportionment: Applicants with pre-existing disabilities or prior work injury awards may have their injuries reduced based upon these factors.
Age: Ratings are determined based upon age. Younger Employers get less value that older workers. This is based upon a table in the SCHEDULE FOR RATING PERMANENT DISABILITIES
Occupation: Ratings are determined by Occupational Group. In this instance, since all of the workers are bus drivers, they will all be assigned a bus driver group number. Had there been other types of workers in the bus, different group numbers would be assigned. Those group number could impact a rating percentage to go up, down or remain the same.
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.