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?
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.