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.

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 #44: Did Tossed Food At A Wendy’s Employee Cause A Work Injury?

Had  a Wendy’s Frosty been involved, things could have been worse.  It is reported that  a Wendy’s Drive Thru Worker was  assaulted by nuggets, fries, and a drink.

An unhappy customer  contended that the bag the food came with a guarantee of hot and crispy food.  She felt her order did not meet that standard.  It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker.  Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds.   For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury.  In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury.  The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury.  A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no.  Workers’ Compensation is a “no fault” system.  In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim.  Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

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.

ATTACK AT HOSPITAL WITH MEDICAL WORKERS STABBED: INJURED WORKERS IN THE NEWS # 40

Headlines reported that Encino Hospital Workers were attacked a stabbed by an Attacker.  These workers were reportedly in critical condition.  Dailymail.com

This article will discuss the immediate concern on this matter.

What Is the Major Concern with This Incident? 

Given the facts and the assumption that the same knife was used in the attack each victim, it is likely that the workers may have been exposed to each others blood.   Thus, a long term issue is the concern with respect to this injury is whether the workers were exposed to a  Blood Borne Illness.  Blood Borne Illnesses include Malaria, Syphilis, and Brucellosis, and Hepatitis B (HBV), Hepatitis C (HCV) and the Human Immunodeficiency Virus (HIV).  As such, treatment and monitoring for these illnesses would be part of the work injury protocol.  Thus, besides treating the Injured Workers  wounds and likely psychological injuries, an additional Internal Medicine Program will be included to provide prophylaxis treatment as well as testing and monitoring for blood borne pathogens.

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.

SCHOOL BUS DRIVER’S ACCIDENT YIELDS MULTIPLE WORK-RELATED INJURIES: INJURED WORKER IN THE NEWS, #36  

A horrific multi-vehicle crash occurred involving both a school bus and a dump truck. Many students were injured.    It is reported that the police investigated that matter and that it is likely that no charges that would be filed for negligent operation of a  vehicle.  It is reported that both the dump truck driver and the school bus driver were trapped in their vehicles for an extended period of time and that one of them required medical treatment.  There was no information in the article as to which driver, if any, was at fault.  Dailymail.com

This article will address whether fault would matter in this case with respect to workers’ compensation.

Can Either Driver Pursue a Workers’ Compensation Claim in This Circumstance?

Under California Law, both drivers would be able to pursue a work injury claim.  Workers’ Compensation is a “no fault” system for which the negligent operation of a vehicle causing an injury would not bar a claim.  Thus, if one of the operators had missed a stop sign and that caused the accident, if would not bar the claim.  In this instance, either operator could file a claim.  Labor Code Section 3600 provides “(a) [l]iability for the compensation provided by this division, in lieu of any other liability whatsover….shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course and scope of employment.”

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.

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