MCDONALD’S WORKER PEPPERED IN POSSIBLE ROBBERY ATTEMPT: INJURED WORKER IN THE NEWS, #51

A McDonald’s Worker was pepper sprayed in what was believed to be an attempted robbery.   The employee’s injuries were reported to be minor. They were not taken to the hospital.  nypost.com

This article will discuss the issues with respect to this incident.

If the Worker Wanted to Pursue a Claim of Emotional Injury, Does the Fact It Appeared to Be Attempted Robbery Matter?

No.  From the facts, there were actual events of employment that occurred, the worker being pepper sprayed.  Thus, there would be a basis for the Injured Worker to pursue a psychiatric claim if they wished to pursue such a case. The fact that a robbery was suspected would not matter.

At the Time of the Incident, Is There Anything the Injured Worker Should Do?

In this matter, while the injuries were minor, it would be advisable that the Injured Worker to attend at least one medical evaluation to be treated and to document their complaints. Additionally, the evaluation should be a physical examination so that blood pressure readings and other physical findings can be documented.  Failure to document complaints can cast doubt as to disability if later claimed.

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.

 

 

MTA CLEANER SUSTAINS INJURIES IN AN UNPROVOKED ATTACK: INJURED WORKER IN THE NEWS # 48

It is reported that a New York City MTA Worker was slugged in the face.  She worked as a cleaner. It is also reported that she worked for a company contracted with the MTA.    Nypost.com

This article will discuss “unprovoked attacks.”

Are There Any Special Benefits For Individuals Who Sustain Work-Related “Unprovoked Attacks”?

Possibly.  In California, a number of companies and government agencies provide benefits beyond workers’ compensation for unprovoked attacks.  In other words, some employers, when there is an unprovoked attack, will pay the injured worker funds that exceed traditional workers’ compensation benefits.

The companies who have this benefit are likely to do so are government agencies.  Unprovoked Attack Benefits are usually are delineated in a Union Contract or the Memorandum of Understanding.

If an Injured Worker sustains an injury caused by an unprovoked attack, they may want to make an inquiry as to whether they are eligible.  The Human Resources Department should be able to provide the worker the answer to their eligibility.  Again, these benefits are not too common.  They usually involve occupations that have extensive contact with the public or individuals who are incarcerated. 

An example of these benefits come from the Los Angeles version of the MTA.   Some employees are provided the benefit per the contract as follows: “SECTION 2. PAYMENT FOR TIME LOST (a) It is further agreed that if the Operator is physically injured as a result of such robbery, or as a result of an unprovoked attack by another person, such injury resulting in a loss of time, he/she shall be paid 100% of the time lost during the first seven (7) days of disability and 80% of the time lost thereafter. If Workers’ Compensation Benefits are provided during this period, the basis of payment will be as shown above less the Workers’ Compensation Benefits. Operators sustaining injury shall be paid for all time lost as the result of an unprovoked attack when medical verification is provided. Payment will be limited to a maximum of one (1) year after the date of any one incident. (b) An Operator required to wear prescription glasses as a condition to his/her license to drive, whose prescription glasses are lost or damaged as a result of robbery or unprovoked attack, will be compensated up to a maximum of four (4) days’ pay for time lost until the glasses are repaired or replaced. (c) In the event an Operator loses time due to the loss of his/her regulation watch in a robbery or unprovoked attack, he/she will be compensated for the remainder of his/her assignment that day.”

Given the Present Fact Pattern, What Should This Worker Do?

With the reported facts, the Applicant worked for a company that was contracted with the MTA. Thus, it is more likely that her employer may not provide her for such a benefit. Again, she should check with her Human Resources Department to ascertain whether she is entitled to this additional benefit.

Are There Disputes Concerning Unprovoked Attacks? What Happens?

Yes. Over my years of representation, Employers can dispute an unprovoked attack claim.  If this happens, there is likely a dispute resolution process that occurs.  This would be addressed via the Union Contract or Memorandum of Understanding.  Whether there was an unprovoked attack is not something that the Workers’ Compensation Appeals Board would adjudicate.

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.

 

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.

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.

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