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.

IWITN #38: Was A United Airlines Worker Brawl With A Passenger A Work-related Injury?

A viral video shows a United Airlines Luggage Check-In Worker engaged in a fist fight with a customer.  The video shows the UA Worker punching the customer.  The video then shows the customer beating up the worker.  Dailymail.com

For the purpose of this post, we will take the video as the totality of the interaction. Thus, we will analyze whether the UA Worker can claim a work injury for the blows that he sustained. Again, the facts, for this hypothetical, are that the UA Worker came up to the customer and struck the customer.  The customer, in turn, then struck the UA Worker.

It is reported that prior to the blows that there was some interaction between the UA Worker and the customer concerning the customer using a wheelchair to transport luggage as opposed to paying for a luggage cart.

Can the UA Worker Claim An Injury With Respect to the Exchange of Blows?

Labor Code Section 3600(a)(7) prohibits recovery under workers’ compensation law in California “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is often referred to as the “Initial Aggressor Rule.” Thus, the fist fight injuries would not be covered as a valid claim. The reason being is that the UA Worker threw the first blow and therefore was the initial aggressor.

Could the UA Worker File a Different Claim?

From the facts of the case, the UA Worker apparently became agitated to the point that he decided to attack the customer. There is the possibility that a psyche claim could be filed.  From the video, it would appear that the UA Worker was unhinged.  A determination on this matter would be deferred to 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.

NO PEACE, NO MCNUGGETS AT A MCDONALDS: INJURED WORKER IN THE NEWS, #33

There was no “Happy Meal” at a Boston McDonalds when minors allegedly terrorized the store.  The minors alleged conduct was so horrible that the Manager closed the restaurant.

It is alleged that these minors threw rocks and water bottles as customers and employees.

It is reported that “[a]fter the worker tossed a cup of Coke that got on one of the kids’ jeans, the group ran inside to look for the employee. That’s when one of the juveniles is accused of striking the employee “with a closed fist, causing a bump underneath (their) left eye,” the police report states. Boston EMS evaluated the worker, who refused to be transported to the hospital.” Bostonherald.com

This case will be analyzed under California Workers’ Compensation Law.

If the Worker Tossed the Cup of Coke, and Started the Incident, Would That Impact A Workers’ Compenation Claim?

Maybe. Labor Code Section 3600(a) (7) provides “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is a factual determination.  Prior to the coke cup toss by the Injured Worker, the minors may have already been throwing objects at the worker.  Thus, the minor may be considered as the initial aggressor.  Otherwise, the fact that the minor entered the store to search out the employee may give rise to that event as the initial physically aggressive act.  Alternatively, the tossing of the drink may not be ruled as to constitute a physical act.  Further, the nature of the physical injury may give rise to dismiss the initial aggressor defense.  A closed fist blow is truly a physical act as opposed to a tossed drink that got the minor’s pants.

If The Worker Initially Declined Medical Attention, Would That Impact A Workers’ Compensation Claim?

No.  There is no need to accept immediate medical attention.  Employers initially have medical control rights.  In this instance, McDonalds was responsible to provide the initial medical treatment.  At the time of the injury, the fact that the Injured Worker declined to go to the hospital would not bar the claim.  The Injured Worker, if they were in need of treatment, would be obligated to initially request treatment from McDonalds.

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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UMPIRE PUNCHED IN PARKING LOT: INJURED WORKER IN THE NEWS, #31

It is reported that a woman, after being ejected for cursing at the umpires as an attendee of a softball game, waited in a parking lot and proceeded to punch an umpire in the face. The umpire sustained a bruised face and black eye.  Dailymail.com

If The Accident Happened in the Parking Lot, Would It Still Be Work-Related for Workers’ Compensation Purposes?

In workers’ compensation, an employer’s parking lot is generally considered as an extension of the employment.  Thus, even a trip and fall injury in a company parking lot can be considered as a work injury. Thus, this injury should be considered as work-related for workers’ compensation purposes.  In this matter, there is the additional connection that makes the incident work-related.  The individual who assaulted the umpire was at the game and then waited for the umpire to go to the parking lot.

Is There Any Particular Issue that Umpires Have In Pursuing Workers’ Compensation Claims?

In workers’ compensation, an Injured Worker’s average weekly wage is required in order to calculate benefits.   The nature of umpiring as a seasonal activity can make wage calculation complicated.  Umpires often have other forms of employment or wages.   These other wages must be used to calculate the wage.  This is generally done by going one year from the date of injury to account for their annual wage.  If an umpire does not have sufficient wages, they are likely to be considered a minimal wage earner for workers’ compensation benefits.   This is a fixed amount and is determined by the WCAB every year.’

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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