The reported that, in California, a Subway Sandwich Store Customer committed an act of violence against a Store Manager.  After he became enraged over a dispute over “extra meat” on an order, the customer proceeded to go around the counter and started striking the Subway Store Manager.

The manager is quoted as saying: “He punched me and all I could remember is just black.” It is reported that she sustained a black eye and a swollen cheek.  It is also reported that the Manager claimed that her injuries have made her remain off of work for more than a week and that this has placed stress upon her family finances.  She reported that her eye was shut and therefore she was not able to work.  She reported that she is scared and that cannot feel half of her face.  She feels that like there is some permanent damage as the face is numb.

The issues raised within this fact pattern will be addressed under California Workers’ Compensation Law.

How is The Manager Going to Receive Workers’ Compensation Benefits?

In this instance, it is essential that the claim be filed with Subway.  The claim, which should be accepted, entitles her to get her medical treatment paid for as well as receive monetary compensation.   Being the manager, this worker should be well aware of this process.  She should complete a claim form and submit the matter to the Workers’ Compensation claims department as soon as possible.  This will allow her to get medical attention right away.

What About Benefits For Her Time Off Of Work?

Her doctor, given her symptoms, should have made an assessment as to whether she is able to work.  In this worker’s instance, the inability to drive may not be an indication that she cannot perform her job.  If she was required to use a car to perform her job, it would appear that she would be considered eligible to be off of work.  Surprisingly, the physical inability to transport to work may not be sufficient to justify disability benefits.   One’s personal transportation choice, in many circumstances, is not considered part of the job description.  Thus, this worker might require additional reasons as to why she cannot perform her job based upon her injuries.

When Do Her Workers’ Compensation Benefits Begin?

Per Labor Code Section 4650(a) (a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied.  In this instance, the Store Manager should get paid fourteen days after she was out.   This is subject to her having the proper note.

Are There Any Red Flag Matters In This Case?

Yes.  The fact that she went black and has no memory related to the matter may mean that she suffered a brain injury.  This might indicate she suffered a concussion.  A concussion could be justification for her being off of work.  Likewise, the numbness on the side of her face is also concerning.  It is important that this individual be evaluated by a neurologist.  Thus, her Primary Treating Physician should make such a referral.

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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