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RESTAURANT STAFF ASSAULTED IN SAUCE-Y DISPUTE: INJURED WORKERS IN THE NEWS # 46

Posted on July 14, 2022 by Edward Singer

Fast Food Workers are being subjected to unprecedented dangers. Minor disputes with Customers, such as over condiments, have led to both injury and tragedy. A recent assault of Fast Food Workers in New York is both disturbing and unique.

Fancy French Fry Establishment Workers were assaulted by a trio of unruly customers upset over the $1.75 extra sauce charge. Objects were thrown, a crowd of spectators watched and did nothing, and the incident was, in a large part, captured on video. It is reported that “[t]he women went ballistic, tearing down the plexiglass COVID guard along the counter, ripping out the cash register and hurling glass bottles and stools at the employees.” NyPost.com

The incident was so high profile that the worker were interviewed. One reported bleeding from their scalp. Another reported an aggravation of their blood pressure condition. A number of them reported being fearful and hesitant about returning to work.

Is The Video Sufficient to Win a Workers’ Compensation Case?

No. The video is not sufficient to win these workers’ cases. The video, however, is powerful evidence as to what happened. Workers’ Compensation claims require medical reporting to support claims and entitlement to benefits. Given the facts, the injuries from the incident include a head trauma, an aggravation of hypertension, and psychological complaints.

Can An Aggravation of Blood Pressure Be Claimed As A Work Injury?

Yes. An aggravation or acceleration of a pre-existing condition can constitute a work related injury in California. A medical specialist, either a treating doctor or an evaluator, will be required to offer an opinion.

Are The Injured Workers’ Feelings and Actions Sufficient For Them To Get Workers’ Compensation Benefits?

No. In the facts, some of the workers remained at home as a result of the injury. In order for them to get workers’ compensation benefits for missing time from work, they need to be placed off work by a medical professional. Workers who need to be off of work need to seek medical attention and have their providers determine their ability to work. A worker’s personal opinion is not sufficient.

Is There a Threshold To Prove A Psychiatric Injury In These Matters?

For each individual worker, they all must meet the threshold to prove a psychiatric injury. In this matter, is it possible that the Labor Code Section 3208.3 provision concerning violent acts may apply. The section indicates, “in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” In this matter, if the parties cannot agree that the incident was a violent act, then it would be the Workers’ Compensation Judge to make that determination.

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.

IWITN #45: A Tragic Shooting Death & Injury Of Subway Employees

Posted on July 1, 2022 by Edward Singer

It is reported that one Subway Sandwich Artist was tragically murdered and that another was shot at an Atlanta Subway Sandwich Store. A customer, upset over too much mayo being placed upon a sandwich, reportedly became violent and fired shots. The tragedy is made worse as the son of the deceased worker was present. Dailymail.com

The focus of this post will be with respect to the child who was present and their rights. This will discuss the matter in light of California Law.

Can The Child File a Workers’ Compensation Claim?

Yes. If the child’s mother was a worker and passed, it is likely that a dependency death claim can be pursued. This would be based upon the child’s age and whether their mother provided support.

Are There Any Other Benefits That The Child Could Obtain?

Yes. In the State of California, there is a Victim’s Crime Board (CalVCB) that can provide assistance. In order to qualify, a person “must be a victim of a qualifying crime involving physical injury, the threat of physical injury or death to qualify for compensation. For certain crimes, emotional injury alone is all that needs to be sustained. Certain family members or other loved ones may also qualify.” There are certain criteria that must be met as well.

One benefit that can be provided is mental health services. CalVCB can provide assistance in getting “An eligible victim may receive up to three mental health counseling sessions. Providers are required to complete a treatment plan and submit it to CalVCB before the client’s fourth session to obtain additional sessions.

There may be other benefits available. The Victim’s Crime Board website has the information.

What If I Need Advice?

IWITN #44: Did Tossed Food At A Wendy’s Employee Cause A Work Injury?

Posted on June 23, 2022 by Edward Singer

Had a Wendy’s Frosty been involved, things could have been worse. It is reported that a Wendy’s Drive Thru Worker was assaulted by nuggets, fries, and a drink.

An unhappy customer contended that the bag the food came with a guarantee of hot and crispy food. She felt her order did not meet that standard. It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker. Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds. For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury. In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury. The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury. A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no. Workers’ Compensation is a “no fault” system. In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim. Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

What If I Need Advice?

NO PEACE, NO MCNUGGETS AT A MCDONALDS: INJURED WORKER IN THE NEWS, #33

Posted on April 28, 2022 by Edward Singer

There was no “Happy Meal” at a Boston McDonalds when minors allegedly terrorized the store. The minors alleged conduct was so horrible that the Manager closed the restaurant.

It is alleged that these minors threw rocks and water bottles as customers and employees.

It is reported that “[a]fter the worker tossed a cup of Coke that got on one of the kids’ jeans, the group ran inside to look for the employee. That’s when one of the juveniles is accused of striking the employee “with a closed fist, causing a bump underneath (their) left eye,” the police report states. Boston EMS evaluated the worker, who refused to be transported to the hospital.” Bostonherald.com

This case will be analyzed under California Workers’ Compensation Law.

If the Worker Tossed the Cup of Coke, and Started the Incident, Would That Impact A Workers’ Compenation Claim?

Maybe. Labor Code Section 3600(a) (7) provides “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is a factual determination. Prior to the coke cup toss by the Injured Worker, the minors may have already been throwing objects at the worker. Thus, the minor may be considered as the initial aggressor. Otherwise, the fact that the minor entered the store to search out the employee may give rise to that event as the initial physically aggressive act. Alternatively, the tossing of the drink may not be ruled as to constitute a physical act. Further, the nature of the physical injury may give rise to dismiss the initial aggressor defense. A closed fist blow is truly a physical act as opposed to a tossed drink that got the minor’s pants.

If The Worker Initially Declined Medical Attention, Would That Impact A Workers’ Compensation Claim?

No. There is no need to accept immediate medical attention. Employers initially have medical control rights. In this instance, McDonalds was responsible to provide the initial medical treatment. At the time of the injury, the fact that the Injured Worker declined to go to the hospital would not bar the claim. The Injured Worker, if they were in need of treatment, would be obligated to initially request treatment from McDonalds.

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 TACO BELL EMPLOYEE WHO RUNG THE BELL OF A CUSTOMER: INJURED WORKER IN THE NEWS #24

Posted on March 22, 2022 by Edward Singer

A Taco Bell Employee may have earned himself a new profession as a WWE wrestler.

A viral video shows this fearless Fast Food Worker dodging a customer’s blow and performing an epic take down. He picked up and hurled the man over his shoulder and tossing him into the air. The customer dropped to the ground. thesun.com

The video and the incident raises an important workers’ compensation question, could the Taco Bell Employee pursue a workers’ compensation claim if he was injured in the incident?

Is the Taco Bell Employee’s Possible Claim Barred By Workers’ Compensation?

The Labor Code provides an exception to workers’ compensation when there is a physical confrontation. Initial physical aggressors are barred from pursuing claims. Labor Code Section 3600 (a)(7) provides that in the event of an altercation the initial physical aggressor will not be able to pursue the matter. Given the facts, the customer threw the first blow. Therefore, the customer, for workers’ compensation purposes, would be considered as the initial physical aggressor.

What If I Need Advice?