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MUSEUM WORKERS STABBED BY CUSTOMER: INJURED WORKERS IN THE NEWS, #21

Posted on March 14, 2022 by Edward Singer

Museum Workers at the New York Museum of Modern Art were viciously attacked by a Customer. The customer leaped over a counter and proceeded to stab two 24 year old employees with a knife. The individual believed to have stabbed the individuals had an address which provided housing for homeless and those living with hiv or aids. dailymail.com

From the museum video, it would appear that each worker was stabbed with the same knife.

This incident raises the issue of blood borne diseases. The story reports that the attacker lived at a facility that is dedicated to people with human immunodeficiency virus.

Why Do These Facts Matter?

Blood Borne Diseases are included to be claimed within California Workers’ Compensation. Thus, treatment and compensation for these conditions contracted industrially are to be provided. In museum stabbings, it would appear medically indicated that both of these workers be treated for stab wounds as well as receive work-ups for any blood borne illnesses. Should a blood borne disease be caused by the stabbing, i,e, hiv or hepatitis, the individual would be able to make a claim for the injury.

A Blood Borne Disease Designation, in Workers’ Compensation, can afford additional benefits to Injured Workers in the form of total temporary disability benefits. Per LC 4656, an Applicant is entitled to up to 240 week during a period from five years from the date of injury for cases of acute and chronic hepatitis b, acute and chronic hepatitis, and human immunodeficiency virus, hiv. This is in contrast with 104 week limitation for most claims.

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.

AMAZON WAREHOUSE WORKER TERRIFIED BY ROBOT? INJURED WORKER IN THE NEWS, #19

Posted on March 7, 2022 by Edward Singer

Apparently Robots trapped an Amazon Worker in a warehouse. He documented this incident and posted it on TikTok. It is reported “In a truly mesmerizing moment, just as the man turns down one route, his pathway to freedom is blocked as another yellow shelf is moved directly into his way, forcing him to turn around. Viewers of the video were surprised by the worker’s encounter with one describing it as ‘a true horror movie.’”

Did the facts presented warrant a work injury claim? Scary or traumatic events do not necessarily translate into a work injury claim.

How Could This Incident Be A Work Injury?

In order for there to be a work injury, there must be a finding of a medical problem that can be either physical or mental nature. This finding should be made by a health practitioner. Thus, a worker believing that they were injured also need to present medical opinion of a work injury and a diagnosis. If this worker believed that he sustained an injury, he could report a claim to his supervisor. He will then be sent for treatment and evaluation.

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BURGER INSANITY: INJURED WORKER IN THE NEWS #17

Posted on February 23, 2022 by Edward Singer

It is reported that a Fast-Food Worker was assaulted and shot in the face by twin sisters. This assault was apparently triggered over a dispute over a $3.00 hamburger that was missing from an order. According to the police, the sisters “proceeded to attack (Mr.)Rodriguez and one of them shot him in the face while he was down.” dailymail.com

Videotape showed that the worker was punched in the face, wrestled to the group and shot in the face. The injury was described as “'[t]he bullet went through [his] upper lip and took out [his] upper teeth and cracked [his] bottom teeth, so those will have to be replaced,’ Rodriguez said. He also had to use a neck brace to stabilize a part of his spine which was fractured by the bullet. “ dailymail.com

Can Dental Problems Be Work-Related?

In California, dental injuries are included in workers’ compensation. Therefore, dental care is also included within medical care. So, if the Injured Worker needed to have teeth replaced, it will be done. Likewise, the medical care includes future medical care. So, if any dental repair needs to be done to the repaired teeth, the additional dental care will be provided.

What Type of Workers’ Compensation Injuries May Be Claimed Given These Facts?

From the facts, it would appear that the Injured Worker may have sustained dental injuries, orthopedic injures, possible cosmetic injuries, a head injury and a psychiatric injury. Reporting of medical professionals are necessary to determine the nature and extent of the Injured Worker’s problems.

What If I Need Advice?

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

Posted on February 16, 2022 by Edward Singer

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.

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A Walgreen’s Worker Punched in the Face: Injured Worker in the News # 14

Posted on February 14, 2022 by Edward Singer

In New York, in a Walgreens aka Duane Reade Store, a Pharmacy Worker was punched in the face by a shoplifter. It is reported that the shoplifter “approached by a 21-year-old woman store employee who directed him to put the items back, the man allegedly punched the worker in the face, grabbed her hair and threw her to the ground, according to the NYPD.” nypost.com

This article will discuss the various injuries that Pharmacy Worker may have sustained.

Can There Be Physical and Mental Injuries in Workers’ Compensation?

Workers’ Compensation in California allows for both physical and mental injuries. In this instance, there may have been injury to her head, her scalp and other musculoskeletal injuries. The mental injury can be a psychological injury such as post-traumatic stress disorder.

Are There Any Unique Injuries In This Matter?

Yes. The punch to the face could have caused a facial injury. This could have resulted in a cosmetic disfigurement. Likewise, there may be a neurological injury. The Worker may have sustained a concussion.

In sum, this Worker’s injury claim may involve multiple body parts and multiple medical concerns.

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