Law Offices of Edward J. Singer APLC

McDonalds’ Workers Serving Up Unhappy Meals? Injured Workers In the News, #109

Posted on February 5, 2024 by Edward Singer

A problematic workplace has plagued an Australian McDonalds. Alleged rat infestation created workplace disharmony along with “… falling ceiling tiles, exposed wiring, and broken air conditioners that are subjecting workers to unnecessary risks.” News.com.au

This article will discuss how whether these workplace problems necessarily translate into workers’ compensation claim for work injury.

Do These McDonalds’ Facts Constitute a Work Injury?

With California Law, horrible work conditions do not automatically translate into work injury claims. Dangerous work conditions are a matter for the Department of Industrial Relations. In California, the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women and the safety of passengers riding on elevators, amusement rides, and tramways. This is achieved in a variety of ways including setting and enforcing standards, providing outreach, education, and assistance Issuing permits, licenses, certifications, registrations, and approvals. While there may not be any physical injuries, the conditions may warrant inspections and fines.

Could These Facts Lead to A Work Injury?

Yes. These facts could not only lead to work injuries, but they could also lead to a claim of Serious and Willful Misconduct. Ceiling tiles can fall and injure workers. Workers can trip and fall on exposed wires. Further,, employees can develop heat stroke while working in hot conditions. Finally, there is the possibility an employee could get an infection or disease as a result of the rodents. Finally, these conditions might be so horrible that the workers might suffer emotional stress to the extent that they develop a mental disorder. Any mental disorder claim should be supported by the opinion of a mental health practitioner.

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.

MCDONALD’S WORKER PEPPERED IN POSSIBLE ROBBERY ATTEMPT: INJURED WORKER IN THE NEWS, #51

Posted on August 3, 2022 by Edward Singer

A McDonald’s Worker was pepper sprayed in what was believed to be an attempted robbery. The employee’s injuries were reported to be minor. They were not taken to the hospital. nypost.com

This article will discuss the issues with respect to this incident.

If the Worker Wanted to Pursue a Claim of Emotional Injury, Does the Fact It Appeared to Be Attempted Robbery Matter?

No. From the facts, there were actual events of employment that occurred, the worker being pepper sprayed. Thus, there would be a basis for the Injured Worker to pursue a psychiatric claim if they wished to pursue such a case. The fact that a robbery was suspected would not matter.

At the Time of the Incident, Is There Anything the Injured Worker Should Do?

In this matter, while the injuries were minor, it would be advisable that the Injured Worker to attend at least one medical evaluation to be treated and to document their complaints. Additionally, the evaluation should be a physical examination so that blood pressure readings and other physical findings can be documented. Failure to document complaints can cast doubt as to disability if later claimed.

What if I Need Advice?

WAS A MCDONALD’S WORKER BEING SHOT IN THE FACE A WORK INJURY? INJURED WORKERS IN THE NEWS, #50

Posted on August 2, 2022 by Edward Singer

In Brooklyn, a McDonald’s Worker was shot in the face. After the incident, the worker was reportedly in critical care as a result of the incident.

The facts of the case are that there was this Worker was in a dispute with a customer inside the restaurant. After the incident, the Worker, for reasons not clear, went outside of the store. There, the dispute continued. It is reported that the customer’s son shot the McDonald’s Worker in the face. Nypost.com

UPDATE: Since this post, there is additional information from a Nypost.com article. It appears that there was an initial dispute concerning cold fries. The customer’s son and the McDonald’s Worker exchanged words in the store and there was a conversation apparently about taking the matter outside. It is reported that the Worker may have gone outside to search for the customer’s son and an incident occurred.

This case will be discussed along the lines of California Law with respect to the issues.

Was This an Industrial Injury for the Purposes of Workers’ Compensation?

While a case may look like it is work-related, in order to get workers’ compensation benefits, an injury must arise out of and be in the course and scope of employment. This requires some analysis.

In this particular case, there are questions that need to be answered. Two matters of important is whether the Worker was the Initial physical aggressor and whether the Applicant deviated from employment.

Given this fact pattern, the reason why the McDonald’s Worker left the store is important. Did the Worker want to get in a fight with the customer? Did the worker initiate physical contact?

The other aspect to consider is whether there was a deviation. Did the employee’s actions remove him from being considered to be in the workplace? With this analysis, the location of the outside incident is of importance. Was it on the McDonald’s premises or off? Was it a mile away from the store? Further, was he on a break, or was he working on the clock when he went outside?

Can A Claim Like This Be Delayed?

Yes. Labor Code Section 5402(b) affords an insurance company 90 days to investigate. In this matter, given the analysis provided above, an insurance company should send an investigator out to obtain witness statements, obtain the video from the store if any, and obtain a copy of the police report. My personal impression is that the additional facts would likely support a finding of industrial injury. Without knowing more, I would think that the incident happened while on premises. The fact that the incident was on the premises would play a large factor in the analysis. [update: If the worker left the work site to have a confrontation, more facts are needed concerning what happened. The location of the confrontation and its nature are important. Further, the reason for the confrontation is important as well.

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.