Medical care, in workers’ compensation, also is a source of evidence. Medical reports are considered as evidence concerning injury. In this instance, physical signs, such as bruising, as well vital signs, i.e. blood pressure, are documented.
Per NBC, an MTA Bus Operator in Los Angeles had a dangerous encounter with a passenger.
The incident was caught on tape. The video showed man banging on the windows of the bus. It was also reported that the man also opened her window and poured beer on her seat. Also it was reported that he continued to make a scene outside the bus. To make matters worse, there was a slow response from both the Police Department and the MTA to the scene. Despite 20 passengers on the bus, MTA officials did not come for an hour. In the end, the frustrated bus driver reportedly said in response to the slow reaction from management” “So my life is not a priority?” The MTA, however, indicated that they had timely notified the police within 5 minutes. NBC
This fact pattern will be discussed under California Workers’ Compensation Law.
From the fact pattern, one can initially say that there was no work injury. The reason being is that there was no indication of a medical injury. In the instance, the Bus Operator was frustrated over the incident and had concerns over whether her employer cared about her. These serious matters, however, does not translate into a work injury.
Work Injuries involve a medical diagnosis. Thus, if this Bus Operator was having an emotional reaction to the very stressful events described, then it would have been appropriate for her to request a “claim form” from her employer and ask to be seen by a medical professional. In this circumstance, the MTA would certainly have complied with that request and sent her to a clinic for evaluation and care. In this matter, the totality of the facts would likely be considered with respect to the nature of the stress. The passenger harassment, the beer on her seat, the dealing with the passengers, any delay in the police response, and her employer’s delay to the scene are all factors to be considered.
Thus, if this MTA Bus Operator believed she was injured, it was imperative that she report the injury claim to her supervisor as soon as possible.
The Nypost.com 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. Nypost.com
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.
A Mexican Restaurant- Taco John’s-was on the verge of being renamed Taco Hell. Reportedly, an infestation of unruly teenagers was turning a paradise of guacamole and fajitas into purgatory.
According to the Nypost.com, there were multiple events which involved activities such as middle school students stealing soda and condiments. The teens were accused of leaving huge messes and disrespecting employees. They also made problems in the lobby. On one occasion, a rock was tossed at am employee.
This article will discuss the nature of workers’ compensation stress claims in a hostile work environment.
Can This Conduct Give Rise To A Workers’ Compensation Claim?
Yes. If this matter happened in California, the Food Service Workers at the establishment might have claims for stress. Certainly, the teens’ reported horrible conduct could certainly trigger emotions that could lead to a full blown psychiatric disorder. The activities alone, however, are insufficient to prove a work-related injury claim. Injured Employees must have must have an actual medical diagnosis, i.e. anxiety disorder. These diagnoses are opined by medical professionals.
What Type of Injury Claim Would It Be?
Workers’ Compensation has a variety of ways to please claims on the workers’ compensation DWC-1 form. Give these fact pattern, there is likely both cumulative traumas or specific incidents that occurred. For instance, a “specific” injury might have occurred to the worker who was subjected having a rock launched at them. With respect to the workers who had to frequently address the messes left behind by the allegedly devilish teens, their complaints would be along the lines of a cumulative trauma claim.
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.
It is reported that a Taco Bell Shift Manager was shot in his shoulder by a Co-Worker.
Apparently, the Store Manager disciplined the Co-Worker. Ater the discipline a Shift Manager then had an interaction with the trouble Co-Worker. This interaction led the disgruntled employee to get upset at the Manager. The Co-Worker, who supposedly was slacking off on the job, got upset when the Manager told him that he could clock out if he didn’t feel like working. The upset employee then took out a gun. The Shift Manager tried to get away. Unfortunately, he was shot. It was reported in the article that neither the police or Taco Bell has acknowledged the workplace shooting. abc7chicago.com
This article will discuss what the Injured Worker needed to do when his employer is not taking responsibility for the claim.
When A Claim Is Not Acknowledged, What Should An Injured Worker Do To Get Benefits?
In California, there are disability benefits that may be available to workers. “Disability Insurance (DI) provides short-term wage replacement benefits to eligible California workers who have a loss of wages when they are unable to work due to a non-work-related illness, injury, or pregnancy.” DIR. State Disability will be paid when an industrial claim is being disputed. Technically, an ignored claim is a disputed claim.
How Would An Injured Worker Get Treatment?
There multiple ways an Injured Worker can obtain treatment when a claim is not acknowledged. An Injured Worker can seek treatment through their health insurance provider. Also, they may be able to find a provider who can treat them on a lien. When the claim is resolved, the health insurance or the lien claimant will seek payment from the Workers’ Compensation Insurance.
What Should The Injured Worker Do In This Circumstance?
The Injured Worker should speak to his Store Manager and ask for a DWC-Claim Form. He should fill out and submit form to his employer. If the Store Manager is not responsive, he should contact the corporate office for assistance in submitting in a claim form.
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.