In California, a food fight took place at a Chipotle. It is reported that three of the restaurant’s customers went on a tantrum. They began throwing food and berating the workers. Per Foxnews, the staff was reportedly shocked. The video of the event went viral.
This fact pattern will be analyzed under California Workers’ Compensation Law.
Did This Food Fight Constitute a Work Injury?
No. From the facts, there is no indication that any of the workers sustained injuries as a result of the fight. While it is also reported that the workers were shocked, this emotional reaction alone would not constitute a work-related injury. Workers’ Compensation claims are not simply about emotions or events; they involve employees who are physically or mentally injured as a result of their work. Thus, only if one of these shocked employees developed an emotional reaction which is diagnosable by a medical professional would there be a basis for pursuing a claim. For instance, one of these workers could be experiencing abnormal levels of anxiety or are suffering panic attacks as a result of what occurred. These would be examples of medical conditions which would give rise to a claim. Being “shocked”, however, does not translate into an injury.
Likewise, an individual being struck by food, i.e. a burrito or a taco, also would not necessarily be an injury as well. Sometime, an offensive contact does not necessarily cause a physical injury. Sometimes, however, injuries can occur in these circumstances. Previously, there was an instance in which a customer threw hot food items at a worker. This object caused burns. This would constitute an injury. Likewise, food objects striking an eye could also constitute an injury.
What If I Need Advice?