approved work injury claim

AMERICAN AIRLINES EMPLOYEE STABBED BY CO-WORKER: INJURED WORKERS IN THE NEWS, #15

An  American  Airlines Employee conflict resulted in a stabbing injury.

Was this a workers’ compensation injury?

It is reported that  there was a dispute between two American Airline Employees at Boston Long International Airport.  The dispute escalated into physical confrontation. One worker was stabbed by a multi-use tool and taken to the hospital with non-life threatening injuries. Foxnews.com

Can A Dispute Between Employees Be A Work-Related Injury?

Yes.  In the instant fact pattern, a dispute in the workplace during work hours would be an event that would be considered as work-related for the purposes of workers’ compensation.

Can a Physical Altercation Bar A Workers’ Compensation Claim?

Yes. California Labor Code Section 3600(a)(7) provides that “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.”  Thus, if the Employee who was stabbed had thrown the first punch in the altercation, there is the possibility that their workers’ compensation claim could be barred.  The issue of who was legally the initial physical aggressor is a matter determined by a Judge. A tri  It is important to note that it is the “physical” aggressor who is barred.  Thus, someone initially verbally insulting someone and causing the altercation would not be barred.

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.

What You Need To Know About Injured Workers, No-Fault Injuries, & Workers’ Compensation

Workers’ Compensation, being a “no-fault” system, provides compensation for injuries caused by slips, trips and falls.

Slips, trips and falls constitute the second most common injuries within workers’ compensation.

The injuries from slips, trips and falls can range from physical injury to death.

Slips, trips and falls are the most expensive injuries as far as US workers Compensation costs.

This article will discuss the nature of  slip, trip and fall injuries.

Can Slips, Trips and Falls Be Workers Compensation Events?

Yes. Workers’ Compensation is a “no fault” system. Therefore, even if the worker was clumsy and slipped, tripped or fell and injured themselves, they are still able to receive workers’ compensation medical treatment and benefits.

What Are the Most Common Injuries as a Result?

Sprains, strains, dislocations and tears to the lower extremities are the most common injuries after a slip, trip or fall.  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

Lower extremity injuries can include the hips, the legs, the knees, the ankles and the toes.

How Are There Fatalities from Falls?

Although falls from height are more likely to result in a fatality, falls on the same level occur more frequently and cause significant morbidity, with recent US Bureau of Labor Statistics data showing that 50% of all same-level falls resulted in >10 days sick leave.  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

Absent a Fatality from the Accident Itself, How Can A Fall Become a Fatality?

In certain circumstances, fall injuries can lead to compensable consequences.  They a fall make may someone sedentary and bedridden.  This sedentary state can cause the individual to develop a host of medical problems which may, in the end, result in a fatality.

For example, “hip fractures in the elderly is an important problem that can lead to death. Many studies reported the mortality rates of hip surgery after 1 year ranged from 12.7 to 29.2%. In …[one], the total mortality rate 1 year after injury was 16.6%, similar to those reported previously. arthroplasty.biomedcentral.com

What Is the Most Common Means of Injury?

“Slipping (foot slides out of place away from a person’s base of support) is the most common precursor to slip, trip and fall injuries in various diverse worker populations.”  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

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.

doctor examining woman with sprained hand

A QUESTIONABLE AMPUTATION WORK INJURY? INJURED WORKERS IN THE NEWS, #13

A story comes out of Maine in which a Man was found carrying a severed arm.  He had severed it allegedly while operating a ban saw.  The man worked at a store. The police department “ have not determined how the man lost his arm, beyond describing the gory amputation as a ‘workplace incident.’ From the story’s facts, there were no witnesses to the accident that were interviewed. dailymail.com

For the purposes of this blog post,  the assumption will be given that there is some uncertainty as to how the accident happened.

Will The Workers’ Compensation Carrier Accept This Type of Claim Immediately?

No. Given the paucity of the hypothetical’s facts, the Insurance Company would likely wish to investigate the claim to determine whether there was a work injury.  They would want to talk to the Injured Worker as well as his co-workers.

Are There Any Times Limits to the Investigation? 

Yes. Labor Code Section 5402(b) provides for a 90 day period for an Insurance Carrier to investigate a clam.

Can The Injured Worker Get Medical Care During the Period of Investigation?

Yes. Labor Code Section 5402(c) provides for up to $10,000.00, of medical care to be provided up to the date of the carrier’s determination.

Are There Any Special Benefits That Applicant to Amputation Cases?

Yes.  Labor Code Section 4656(c)(3) allows for 240 weeks of total temporary disability benefits as opposed to the 104 weeks which is provided for cases that are not afforded an exception.

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.

 

work injury claim form

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

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?

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.

 

approved work injury claim

WAS AN AMAZON EMPLOYEE FATALITY AN INDUSTRIAL EVENT? INJURED WORKERS IN THE NEWS #2

An Amazon Worker in New York City was fatally struck.  It was reported that they were hit by an unlicensed driver who was a co-worker.  At the time of the accident, the 24 year-old Amazon Worker was crossing a street at 11:30pm outside of the the Amazon Fulfillment Center.  The worker was brought to the hospital but did not survive. nypost.com 

Workers’ Compensation requires that an accident, to be compensable, be one that “arises out of and is in the course and scope of employment.”  Benefits will only be paid if it is legally recognized as industrial.  The tragic story from New York illustrates an instance where the injury is not disputed.  The Worker’s activity, at the time of the injury, however is questionable as to whether it should be considered as work-related.

Was This a Work-Related Event?

The answer is maybe. An in-depth factual analysis is necessary.

Was the  Amazon Worker leaving work for the day?

Was the Amazon Worker going on a break?

Was the Amazon Worker on the clock?

Where was the Amazon Worker going?

Was the street being crossed dangerous?

Was the street considered part of the facility?

For the purposes of this question, the following facts will be assumed:  the worker had finished work and was exiting to obtain transportation home.   With these facts, the one issue of import was the time of day she was crossing the street.  Likewise, the nature of the street is of import.

While “going and coming” from work can bar a workers’ compensation claim, there are exceptions to the rule.  one exception is the “zone of danger” or the “field of risk” rule.  thus,  if a worker’s travel puts them in a “zone of danger” or “field of risk” to get to or leave the employer’s facility, the claim may be considered industrial.

In this matter, there may be compelling facts to find the injury industrial.  Crossing a street at a late hour when it was dark may provide solid evidence to lead a trier of fact to find that the “zone of danger” or “field of risk” exception applies.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

 

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