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

Posted on April 18, 2022 by Edward Singer

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.

MUSEUM WORKERS STABBED BY CUSTOMER: INJURED WORKERS IN THE NEWS, #21

Posted on March 14, 2022 by Edward Singer

Museum Workers at the New York Museum of Modern Art were viciously attacked by a Customer. The customer leaped over a counter and proceeded to stab two 24 year old employees with a knife. The individual believed to have stabbed the individuals had an address which provided housing for homeless and those living with hiv or aids. dailymail.com

From the museum video, it would appear that each worker was stabbed with the same knife.

This incident raises the issue of blood borne diseases. The story reports that the attacker lived at a facility that is dedicated to people with human immunodeficiency virus.

Why Do These Facts Matter?

Blood Borne Diseases are included to be claimed within California Workers’ Compensation. Thus, treatment and compensation for these conditions contracted industrially are to be provided. In museum stabbings, it would appear medically indicated that both of these workers be treated for stab wounds as well as receive work-ups for any blood borne illnesses. Should a blood borne disease be caused by the stabbing, i,e, hiv or hepatitis, the individual would be able to make a claim for the injury.

A Blood Borne Disease Designation, in Workers’ Compensation, can afford additional benefits to Injured Workers in the form of total temporary disability benefits. Per LC 4656, an Applicant is entitled to up to 240 week during a period from five years from the date of injury for cases of acute and chronic hepatitis b, acute and chronic hepatitis, and human immunodeficiency virus, hiv. This is in contrast with 104 week limitation for most claims.

What If I Need Advice?

A Walgreen’s Worker Punched in the Face: Injured Worker in the News # 14

Posted on February 14, 2022 by Edward Singer

In New York, in a Walgreens aka Duane Reade Store, a Pharmacy Worker was punched in the face by a shoplifter. It is reported that the shoplifter “approached by a 21-year-old woman store employee who directed him to put the items back, the man allegedly punched the worker in the face, grabbed her hair and threw her to the ground, according to the NYPD.” nypost.com

This article will discuss the various injuries that Pharmacy Worker may have sustained.

Can There Be Physical and Mental Injuries in Workers’ Compensation?

Workers’ Compensation in California allows for both physical and mental injuries. In this instance, there may have been injury to her head, her scalp and other musculoskeletal injuries. The mental injury can be a psychological injury such as post-traumatic stress disorder.

Are There Any Unique Injuries In This Matter?

Yes. The punch to the face could have caused a facial injury. This could have resulted in a cosmetic disfigurement. Likewise, there may be a neurological injury. The Worker may have sustained a concussion.

In sum, this Worker’s injury claim may involve multiple body parts and multiple medical concerns.

What If I Need Advice?

SAN FRANCISCO LIBRARY SECURITY GUARD SUFFERS PIT BULL BITE INJURIES: INJURED WORKERS IN THE NEWS, #11

Posted on January 21, 2022 by Edward Singer

Dramatic footage shows a San Francisco Library Security Guard viciously attacked by a Pit Bull. Fellow Officers rescued their co-worker from the dog. dailymail.com

At the time of the incident, the Library Security Guard had been trying to administer narcan medication to a library patron who has passed out. The patron’s pet was apparently the pit bull which attacked the Security Guard and bit onto his arm.

It is reported that the security guard was is hospitalized with serious injuries

Is This A Workers’ Compensation Claim?

Yes. The San Francisco Library Security Guard can pursue a workers’ compensation claim. This injury arose and out employment and was within the course and scope of employment. He should be eligible to receive benefits. For example, the hospitalization medical bills should be paid in full by workers’ compensation.

What Can Be Claimed For This Security Guard?

The Security Guard may have sustained extensive injuries to multiple body parts and systems. From the facts, it appears that the bite caused a hand injury. He may require treatment within a variety of medical specialties. For the bite, he may need to treat with an infectious disease doctor with respect to possible rabies. For scars, he may need to treat with a dermatologist. For muscular skeletal injuries, he may need to treat with an orthopedist. For post traumatic tress issues, he may been to treat with a mental health practitioner. Depending on the nature and extent of the injuries, this individuals treatment could be complex.

Can the Co-Workers File Workers’ Compensation Claims?

Yes. There may be possible stress claims for the co-workers if they were emotionally harmed in the incident. Further, it is possible that they may have sustained injury in fending off the dog. This could perhaps be orthopedic injury or due to breathing pepper spray if it was used to fend the dog off.

What if I Need Advice?

Did A Not So Soup-er Customer Cause A Work Injury?: Injured Workers In the News, #1

Posted on November 15, 2021 by Edward Singer

Restaurant Workers, with both COVID-19 and work shortages, are encountering unprecedented stress. Restrictions and delays have customers are acting out in outrageous ways. Recently, a Restaurant Manager had a scary encounter with hot soup.

It is reported that an angry Customer threw hot soup in a Restaurant Manager’s face. The Customer was upset because she found plastic melted into the soup. The soup was spicy menudo. Criminal charges have been filed against the Customer. The Manager, who was struck by the soup, stated “the experience itself was traumatizing and heartbreaking.’ Dailymail.com ‘[I] felt my spirit had been broken just knowing someone could do something so awful and then laugh about it.’ Dailymail.com

Was There A Workers’ Compensation Injury?

Possibly. A workers’ compensation injury requires that a body part be injured. From the facts, it is possible that the Manager suffered a burn injury as a result of the hot soup. Also, it is possible that she may have suffered an injury to her eyes. Additionally, she may have suffered a psychiatric injury. From the reports, she expressed some emotions concerning the incident.

Any injury claim should be supported by medical evidence. Thus, a medical report documenting a burn is important. The same would be with respect to an eye injury. Finally, any psychiatric injury claim should be supported by the opinion of either a psychiatrist or psychologist.

Why Is The Burn Injury Unique In This Case?

In this case, under California Law, if the Manager’s eyes were burned in the incident she might be entitled to an extended period of disability benefits. Chemically burned eyes is a basis for these extended benefits. Whether spicy soup would be considered as a “chemical” would be an issue worthy of litigation. The soup may have contained particular chemicals that could cause an ocular burn. Medical opinion would be required to prove this fact.

Are There Any Other Sources of Benefits Beyond Workers’ Compensation?

In light of the alleged criminal activity, the manager, if in California, could seek assistance through the California Victims’ of Crime program. https://www.workinjuryhelp.com/california-victim-compensation-program-calvcp/

Also, there is a possible lawsuit for personal injury against the customer who caused the injury.

If the Customer’s Complaint About the Soup Was Correct, Would That Impact A Workers’ Compensation Claim?

No. With respect to workers’ compensation law, claims are “no fault.” Thus, even if the manager had been responsible for the hot soup problem, she would still be able to pursue a work injury claim.

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.