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WORKERS’ COMPENSATION IN THE NEWS, EPISODE #2, A RESTAURANT COOKING UP STRESS: WHAT YOU NEED TO KNOW

Posted on July 19, 2021 by Edward Singer

A Restaurant closed for a “day of kindness” after enduring customers’ abuse. Nypost.com Restaurant Employee stress is real. Some of the story’s restaurant’s employees were reduced to tears from customers swearing, threatening, arguing, and yelling.

The story illustrated multiple stressors that restaurant employees experience. Customer abuse was the highlight. There were management problems as well. The Employer noted that they “.. have had to make adjustments due to the increase in business volume, size of kitchen, product availability and staffing availability.”

Can Work Stress Be the Basis for a Workers’ Compensation Claim?

Yes. Work stress can be a source of psychiatric injury claim. it can be the source of other stress related conditions.

Do The Restaurant Employees From the Story Have a Claim?

In California, the predominant cause of a psychiatric claim of injury arise from actual events of employment. Further, good-faith personnel action which is substantial (35-40%) can defeat a claim.

In the story, the stressors did not come from employer discipline or write-ups. Rather it came from Customers and Management organizational issues. Thus, it can be argued that 100 percent of the work stressors do not fall within the personnel action defense.

Are Stressed Out Employees Eligible for Time off From Work?

Work stress can cause employees to go out sick. Mental Health Practitioners may take stressed out employee off of work. This may entitle the Injured Worker to obtain benefits during their time off. It should be noted that in the story, the workers, technically, never received a day off. Instead, they spent the day cleaning the restaurant.

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 over 27 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS, EPISODE #1: BURGER MADNESS: WHAT YOU NEED TO KNOW

Posted on July 13, 2021 by Edward Singer

Many news articles involve work injuries. A recent viral story about Burger King Employees quitting their jobs en masse is one of them.

Fox News reported that “[e]mployees there said they’ve been working in a kitchen with no air conditioning for weeks, with the temperature reaching more than 90 degrees at one point, according to KLKN Channel 8. One employee, former general manager Rachael Flores, was reportedly hospitalized for dehydration, according to KLKN Channel 8. “

This article will discuss how these facts involve a work-related injury and what legal issue, within workers’ compensation, that may apply.

What Is the Work Injury?

From the facts, the high heat at the work location may have caused the work to suffer from dehydration. This is suggestive of a heat-related illness/injury.

Heat Illnesses can include (1) Heat Stroke which is the most serious form of heat illness. It requires immediate medical treatment. Symptoms include confusion, loss of consciousness, and seizures; (2) Heat Exhaustion which is is a less serious form of heat illness. It can involve headaches, nausea, dizziness, irritability, thirst and heavy sweating. It can lead to heat stroke; (3) Heat Cramps which is a mild form of heat illness. It is essentially muscle cramps and spasms. They can occur either when working or not; and (4) Heat Rash which is a skin irritation. It is also known as “prickly heat.”

How Does This Injury Become A Workers’ Compensation Claim?

The Burger King Employee who suffered from dehydration should file a workers’ compensation claim. Workers’ Compensation Insurance should pay for this worker’s medical bills and receive all other workers’ compensation benefits.

Is There A Special Claim That May Apply In This Case?

Yes. This claim has facts to suggest that the employer acted in a way that would be considered serious and willful misconduct. The working conditions concerning the high heat may have been in violation of safety regulations. Also, there may have been intentional acts delaying the repair of the air conditioning unit.

Per Labor Code Section 4553, “the amount of compensation [for the workers’ compensation claim] otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof. (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.”

What If I Need Advice?

STRESSED OUT WORKERS: SOCIAL MEDIA, UNSYMPATHETIC CUSTOMERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on May 13, 2021 by Edward Singer

A TikTok trend, is stressing out Starbucks Baristas. The NyPost reports that customers who are TikTok fans are essentially harassing workers with outlandish orders. One famous order is from an Edward. Edward’s drink is a double blended drink containing 13 ingredients. nypost. Unless a commensurate tip is provided for time consuming orders, it is understandable why these customized drinks can be a source of Barrista stress, anxiety and upset. Further, too many of these orders simultaneously ordered could place a real grind on the fulfillment of regular orders.

Customer stress can a valid basis for a Workers’ Compensation “Stress” or “Psyche” claim. Should the stress from being inundated by these ridiculous time consuming orders give rise to an emotional disorder, a Barrista could consider filing a workers’ compensation claim to seek medical attention and benefits.

Are There Any Requirements to File Such a Claim?

Before filing a workers’ compensation claim, it is important for an Injured Worker to have some understanding as to whether they will prevail.

The “Six-Month” Rule

Given a claim relating to excessive order, an employee must have six months of employment that need not be continuous. If you have issues as to whether you worked six months, an attorney consultation is indicated.

“Predominant Cause”

The employee must provide by a preponderance of the evidence that the injury was caused by work. There is a defense of good faith personnel action. If there are various sources of work stress such as write-ups or discipline, an attorney consultation is indicated.

What If I Need Advice?

What You Need To Know About Healthcare Workers, Covid-19’s Mental Health Impact, And Workers’ Compensation

Posted on March 8, 2021 by Edward Singer

Many California Healthcare Workers are in the frontline of treating COVID-19 treatment. Treating pandemic patients can take an emotional toll on healthcare professionals.

A recent study looked into this psychological impact of COVID-19 on frontline healthcare workers. Healthcare workers who suffer emotional symptoms as a result of their work may need to seek medical attention. If this is the circumstance, these emotional symptoms may give rise to a work injury claim. As a result, a workers’ compensation case may be claimed.

This article will look into COVID-19’s emotional impact on frontline health care workers and how they can address this issue.

What are the General Mental Health Challenges of Healthcare Workers?

Irrespective of COVID-19, Healthcare Workers are at risk for emotional injuries, burnout is a common emotional problem. “Burnout in healthcare workers is widely understood as having three separate dimensions.” It can include feelings of emotional exhaustion, cynicism, and reduced personal achievement. (Freudenberger, 1974; Selamu et al., 2019). Deng D, Naslund JA. Psychological Impact of COVID-19 Pandemic on Frontline Health Workers in Low- and Middle-Income Countries. Harv Public Health Rev (Camb). 2020;28:https://harvardpublichealthreview.org/wp-content/uploads/2020/10/Deng-and-Naslund-2020-28.pdf.

Studies have demonstrated prevalence of burnout to be as high as 70% for physicians and 50% for nurses in some high-income countries (Aiken, 2002; Lamothe et al., 2014). Supra.

How Can a Public Health Crises Impact the HealthCare Workers Emotionally?

“Public health crises such as infectious disease outbreaks, in the form of either epidemic or pandemic, can often bring about high levels of acute and chronic stress in both the victims and frontline health workers. Posttraumatic stress disorder (PTSD) is defined by Diagnostic and Statistical Manual of Mental Disorder, 5^th edition (DSM-5) as a constellation of emotional and behavioral changes in response to traumatic events. Individuals with PTSD often experience recurrent flashbacks, nightmares, and uncontrollable anxiety.” Deng D, Naslund JA. Psychological Impact of COVID-19 Pandemic on Frontline Health Workers in Low- and Middle-Income Countries. Harv Public Health Rev (Camb). 2020;28:https://harvardpublichealthreview.org/wp-content/uploads/2020/10/Deng-and-Naslund-2020-28.pdf.

Has the COVID-19 Pandemic Impacted Healthcare Workers Emotionally?

Several emotional conditions have been connected to COVID-19. Studies have found increase level of PTSD and Depressive Symptoms, Anxiety, and Insomnia among healthcare workers. Supra.

Are There Risk Factors with Respect to Healthcare Workers’ Emotional Reactions?

Yes.

Direct Contact With COVID-19 Patients: Healthcare Workers in direct contact with COVID 19 patients were found to have higher prevalence of emotional symptoms.

Work Experience: Workers with fewer years of work experience were found to be at risk of emotional symptoms.

Sex: Female workers had a higher prevalence of affective symptoms than male counterparts.

Occupation: Nurses were found to have more emotional issues versus other medical staff. Supra.

What Can a Health Worker Do If They Are Having Emotional Systems?

First, they should seek medical attention. This can be done via Health Insurance, an Employee Assistance Program or Workers’ Compensation. It is recommended that a Healthcare Worker consult with an attorney prior to deciding which route to initially take.

What If I Need Advice?

FIREFIGHTERS AND THEIR MOST REPORTED CAUSE OF INJURY: OVEREXERTION, WORK INJURIES FOR SAFETY OFFICERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on November 9, 2020 by Edward Singer

Firefighters play a vital role in society. Each Firefighter represents a significant investment by a community. Therefore, there is significant study into how and why Firefighters are injured. Researchers use the term overexertion to describe mechanisms of injury.

This type of research is important for Firefighters. When a Firefighter is injured and the mechanism of injury is of a certain nature, there will be a certain reaction from Management and Risk Management. If Management and Risk Management is aware that a particular type of injury is common, it may be viewed with less scrutiny. Likewise, Firefighters claiming injury that are unique in nature may be subject to greater scrutiny.

This article will discuss overexertion, the results of a recent study and what Firefighter should be concerned about concerning the results of the study.

What Is Overexertion?

The Study noted that “according to the Occupational Safety and Health Administration (OSHA), the term “overexertion” is sometimes used synonymously or interchangeably with “bodily reaction” Strains can be defined as injury to the muscle or musculotendinous joint, and sprains are an injury to the ligament.” Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020

Note: essentially, overexertion injuries are orthopedics injuries. For example, back injuries which are usually lumbar sprains/strains, or cervical sprains/strains. It can include injuries to both the upper and lower extremities such as shoulder sprains/strains and knee sprains/strains.

Why Is Overexertion Injuries Significant With Respect to Workers’ Compensation?

Per the Study, Overexertion.. is the leading cause of non-fatal injury across ten industry categories and accounts for 35% of non-fatal injuries and illnesses resulting in days away from work per year.” .” Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020

Work Injuries can be costly to both private and government positions. The study noted that the “resultant sprain and strain injuries cost U.S. businesses and organizations an estimated USD 13.8 billion a year in direct costs, which include medical and lost-wage payments.” .” Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020

Note: with respect to any industry, including Fire Departments, there is a need to contain risk management costs by having injury reduction.

What Did the Overexertion Study Tells Us About Firefighter Injuries?

The study found that despite the fact that the occupation deals with fire and its destructive properties to a human body, it is the overexertion which is the greatest source of injury to for firefighting personnel. .” Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020

Note: with respect to this study, it important to note that the Departments appear to do an excellent job with respect to safety equipment to prevent fire and burn-related injuries. Thus, orthopedic injuries then emerge as the most common source of injury.

Another study provided additional data of interest. “Leading injury events were fires and explosions (36%) and overexertion and bodily reactions (20%). A majority (38%) of injuries occurred during firefighting activities, 7% occurred during training, and 7% occurred during patient care. Sprains and strains accounted for the largest proportion of injuries in all three of these activities: 28% firefighting activities, 32% training, and 36% patient care. Nonfatal Injuries to Firefighters Treating in U.S. Emergency Departments, 2003-2014, Suzanne M. Marsch, MPA, Melody Gwilliam MPH Srinivas Konda MPH Hope M.Tiesman PhD Rita Fahy Phd, American Journal of Preventative Medicine Volume 55, Issue 3, September 2018, P. 353-360.

Does Age Have an Impact with Respect to What Injuries Firefighters Have?

Yes. The study found that younger firefighters have different injuries than older firefighters. The study found that “FF personnel aged less than 39 experienced higher levels of injury as a result of fires and explosions, transportation incidents, and contact with objects and equipment, relative to those aged 40 and above. Those aged 40 and above experienced falls, slips and trips, as well as overexertion and bodily reactions at a higher prevalence than their younger counterparts.” .” Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020

What will Department Do about This?

The study recommended a focus on fitness and ergonomics. Firefighter Overexertion: A Continuing Problem Found in an Analysis of Non-Fatal Injury Among Career Firefighters Int. J. Environ. Res. Public Health 2020, 17(21), 7906; https://doi.org/10.3390/ijerph17217906 Published: 28 October 2020.

Note: the challenges to this issue is that a significant amount of firefighting activity is performed in conditions in which ergonomics may not be able to be practiced. Thus, this is a significant challenge. Also, in the other study, overexertion injuries appear to be spread about evenly across the many task performed. Therefore, an overall approach may be taken by Departments as opposed to any particular job task.

What if I Need Advice?