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.

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?

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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