Law Offices of Edward J. Singer APLC

CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

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.

CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

What If I Need Legal Advice?

WORKERS’ COMPENSATION IN THE NEWS #5 : WHERE ARE MY DOGGONE BENEFITS?

Posted on August 17, 2021 by Edward Singer

Lady Gaga’s Dogwalker was in the news. He was shot and left for dead while trying to prevent the dogs from being stolen. The DailyMail.com recently reported he has launched a GoFundMe to help cover the costs of a road trip he’s taking to heal his ’emotional and mental health’. [Mr.]Fischer shared that the van he’s been traveling in for two months has broken down and he needs financial support.”

Are There Any Benefits That Mr. Fischer May Receive Through Workers’ Compensation?

Yes. However, Mr. Fischer would have to prove that he was an employee of Ms. Gaga at the time of the incident. This would require a factual analysis concerning what he services he performed and how he was compensated. It is possible that he could be considered as an employee and be entitled to workers’ compensation benefits. This would include payment of benefits and medical care.

If It Was A Workers’ Compensation Claim, Is There Anything Unique That Would Apply?

Yes.

In light of the fact that it was a shooting, a psychiatric injury may have occurred. California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3.

Beyond Workers’ Compensation, Are There Any Other Benefits That Someone Could Obtain In the Event of A Robbery and Shooting?

Even if he is not considered an Employee, there is a special Victims Compensation Board Program in California. The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

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