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Tesla Crashes Into Fire Truck: Injured Workers in the News, #77

Posted on February 20, 2023 by Edward Singer

In California, a Tesla Driver died when his car slammed into a Fire Truck. It is reported that several of the firefighters at the scene were slightly injured. The cause of the accident is being investigated. Intoxication or possibly the Tesla’s Autopilot may be the cause. dailymail.com

If The Tesla Driver Was At Fault, Can The Firefighters Pursue Workers’ Compensation Claims?

Yes. The Firefighters were injured in a circumstance that arose out of employment and was in the course and scope of employment. Thus, they satisfy the AOE/COE requirement to pursue a workers’ compensation claim.

If The Firefighters Were Injured In the Same Accident, Will They All Get the Same Compensation?

No. Each workers’ compensation case is based upon the individual and the nature and extent of their personal medical conditions. Likewise, there compensation is also impacted by their wage, their age and their occupation. It is quite possible that two of these firefighters could have sustained identical injuries but receive different amounts of compensation. For example, a very young worker could receive less than a much older worker.

Do The Firefighters Have Another Lawsuit to Pursue?

Possibly. It appears that either the Tesla Driver or the Tesla Vehicle may be responsible for the accident. A thorough investigation is necessary to determine who, if any, was negligent. The reporting to date provides no indication.

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.

BURGER KING MELEE LEAVES YOUTHFUL FAST FOOD WORKERS INJURED: INJURED WORKERS IN THE NEWS #62

Posted on September 22, 2022 by Edward Singer

Fast Food Workers at a Burger King encountered a true “burger insanity” moment.

According to the reports, “[i]t started with an unruly customer and spilled pop. By the time it was over, a 17-year-old worker had to get stitches for a cut to the forehead and a 15-year-old, working her first job, suffered a busted jaw and broken teeth.” www.woodtv.com

It was reported that the unruly drive-thru customer came into the store and started to make a disturbance. Apparently, the staff tried to get the customer out of the store and lock the door. A scuffle occurred. The 15 year old worker said that “[w]hen I got up, all I heard was ringing. I was crying. I couldn’t open my jaw. As soon as I opened up, all you seen is blood coming down,” the 15-year-old, who asked not to be identified, said. “I barely remember what happened. After the surgery, it was just too much.” www.woodtv.com The worker reported that “I have screws right here, right here and under here,” she showed News 8 Wednesday, pointing to her still-swollen jaw. “Right here, it’s all numb. The doctor says that might never go away. www.woodtv.com “I have like five teeth cracked and he knocked out one in the back,” she continued. “I’m on a full liquid diet for six weeks straight. No solid food. I can barely open my mouth.” www.woodtv.com

Also, for one of the workers, it was her first day on the job.

This article will address many issues concerning young workers and a multi-faceted injury.

Why Was This a Mult-Faceted Work Injury?

Given the facts, it appears that the blows to the face caused a number of injuries. The injuries could include head trauma, dental trauma, cosmetic trauma, and psychiatric trauma. As such, its is important for these workers to see a variety of specialists to obtain a proper work up.

The Fact that A Worker Had Only Worked One Day, Is That Important?

In Workers’ Compensation, Permanent Disability and Temporary Disability payments are made based upon the Worker’s Average Weekly Wage. In this instance, assuming this was the young worker’s first day of ever working anywhere. Also, assuming that the the worker had a future schedule of part-time hours, there are many ways of figuring out what should be the proper wage. If a wage cannot be figured out and the earnings were not much, workers’ compensation law has a minimum rate which is paid to the worker.

Below is an article about the calculation of the wages.

How Workers’ Compensation Benefits are Calculated

What if I Need Advice?

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

Posted on June 23, 2022 by Edward Singer

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?

CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

What If I Need Advice?

A ROBECKS EMPLOYEE’S ENCOUNTER WITH A CUSTOMER DID NOT GO SMOOTHLY: INJURED WORKERS IN THE NEWS #12

Posted on January 24, 2022 by Edward Singer

A Robeck’s Juice Store Customer’s tirade rocked Store Employees. He shouted anti immigrant statements as well a profanity. It is reported he tried to enter the employee’s work area and his tossed and struck an employee with a drink.

The Customer was angry because he believed that the employee who prepared the drink with nuts in it. His child, with nut allergies, had a reaction and required being taken to a hospital. Anaphylactic shock which can be deadly.

It was reported that he said, ‘Shut the f*** up! Stupid f****** idiot. You’re a f***** idiot. I want the f***** number. Shut up,.the furious customer…, demanding to know the number of the corporate office. ‘You’re a f***** immigrant loser,’ he then says to one of the employees, prompting the rest of the staff to yell at him to leave the store. ‘Get the f*** out of here, you f****** b***.’ Dailymail.com

Was There a Work Injury?

In this matter, while the facts are strongly suggestive of a work injury, there is more that is needed. While a Worker was struck by a drink, the question is whether they sustained either a physical or mental injury as a result. The same question is with the tirade as well.

Thus, for workers’ compensation purposes, medical professional reporting of either a physical or mental nature is required. Unlike a personal injury claim that could arise from the incident, workers’ compensation requires more evidence. The fact pattern lack medical documentation to indicate whether there is a claim.

If The Worker Was Wrong In Making the Drink Would That Matter?

With this fact pattern, if the Worker had improperly made the drink, it would not matter. The outburst as a result and the throwing of the drink would still be considered as events that could cause a legitimate work injury. Workers’ compensation is a “no fault” system. The interaction was between an Employee and a Customer.

What if I Need Advice?