A ROBECKS EMPLOYEE’S ENCOUNTER WITH A CUSTOMER DID NOT GO SMOOTHLY: INJURED WORKERS IN THE NEWS #12

A Robeck’s Juice Store Customer’s tirade rocked Store Employees.  He shouted anti immigrant statements as well a profanity.  It is reported he tried to enter the employee’s work area and his tossed and struck an employee with a drink.

The Customer was angry because he believed that the employee who prepared the drink with nuts in it.  His child, with nut allergies, had a reaction and required being taken to a hospital. Anaphylactic shock which can be deadly.

It was reported that he said, ‘Shut the f*** up! Stupid f****** idiot. You’re a f***** idiot. I want the f***** number. Shut up,.the furious customer…, demanding to know the number of the corporate office.  ‘You’re a f***** immigrant loser,’ he then says to one of the employees, prompting the rest of the staff to yell at him to leave the store.  ‘Get the f*** out of here, you f****** b***.’  Dailymail.com

Was There a Work Injury?

In this matter, while the facts are strongly suggestive of a work injury, there is more that is needed.  While a Worker was struck by a drink, the question is whether they sustained  either a physical or mental injury as a result.  The same question is with the tirade as well.

Thus, for workers’ compensation purposes, medical professional reporting of either a physical or mental nature is required.  Unlike a personal injury claim that could arise from the incident, workers’ compensation requires more evidence.  The fact pattern lack medical documentation to indicate whether there is a claim.

If The Worker  Was Wrong In Making the Drink Would That Matter?

With this fact pattern, if the Worker had improperly made the drink, it would not matter. The outburst as a result and the throwing of the drink would still be considered as events that could cause a legitimate work injury.   Workers’ compensation is a “no fault” system.  The interaction was between an Employee and a Customer.

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.

 

SAN FRANCISCO LIBRARY SECURITY GUARD SUFFERS PIT BULL BITE INJURIES: INJURED WORKERS IN THE NEWS, #11

Dramatic footage shows a San Francisco Library Security Guard viciously attacked by a Pit Bull.  Fellow Officers rescued their co-worker from the dog. dailymail.com

At the time of the incident, the Library Security Guard had been trying to administer narcan medication to a library patron who has passed out.  The patron’s pet was apparently the pit bull which attacked the Security Guard and bit onto his arm.

It is reported that the security guard was is hospitalized with serious injuries

Is This A Workers’ Compensation Claim?

Yes. The San Francisco Library Security Guard can pursue a workers’ compensation claim.  This injury arose and out employment and was within the course and scope of employment. He should be eligible to receive benefits.  For example,  the hospitalization medical bills should be paid in full by workers’ compensation.

What Can Be Claimed For This Security Guard?

The Security Guard may have sustained extensive injuries to multiple body parts and systems. From the facts, it appears that the bite caused a hand injury.  He may require treatment within a variety of medical specialties.  For the bite, he may need to treat with an infectious disease doctor with respect to possible rabies. For scars, he may need to treat with a dermatologist.  For muscular skeletal  injuries, he may need to treat with an orthopedist.  For post traumatic tress issues, he may been to treat with a mental health practitioner.   Depending on the nature and extent of the injuries, this individuals treatment could be complex.

Can the Co-Workers File Workers’ Compensation Claims?

Yes.  There may be possible stress claims for the co-workers if they were emotionally harmed in the incident.  Further, it is possible that they may have sustained injury in fending off the dog.  This could perhaps be orthopedic injury or due to breathing pepper spray if it was used to fend the dog off.

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 WORK INJURY TRAGEDY: INJURED WORKERS IN THE NEWS, #9

A Los Angeles Taco Bell Worker, and Father of 3, was tragically murdered while working.  He was shot dead after an argument with a customer over a fake $20.00 bill. The shot was fired from the customer drive-thru.  The Father worked there one day a week to make extra money for his family.  His son also was working in the restaurant when the shooting happened.  Foxnews.com, Dailymail.com

In this matter, there are multiple injury claims; a death claim concerning the Father, and  possible stress claims for each and every store worker who was present at the time of the shooting.  The employees include one of the Father’s son.

Are There Any Issues Concerning the Death Claim?

Yes. There are multiple issues concerning the Father’s death.   First, there would be a death claim which can be filed for all of his dependents.  He has three children and he may have a spouse.  Thus, there are multiple individuals who can seek death benefits.  Further, there would be burial expenses that would be available.  Second, there is an issue of his earnings.  From the story, he worked one day a week at Taco Bell.   It is possible that he had other employment.   If so, his rate of pay would be an issue as well.

In sum, while this tragic death is an undisputed work injury claim, there are complicated issues concerning who are the dependents and the compensation rate.

Are There Any Issues Concerning the Co-Workers?

Yes. If the co-workers sustained a mental health injury as a result of the incident, they would be able to pursue a claim.  The Son would be able to pursue both an injury claim for himself as well as a dependency claim relating to his Father’s passing.   His dependency, however, would be subject to an analysis based upon his age and the nature and extent of his dependency.

Are There Any Other Issues?

The family may seek benefits through the California Victim Compensation Board.

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.

Image Credit to: danielfela

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

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?

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.

 

 

 

 

 

MACY’S EMPLOYEE ROBBED AND ASSAULTED AT WORK: INJURED WORKERS IN THE NEWS #5

In California, in part due to failed social policies, Retail Store Employees have been placed at risk as a result of an epidemic of “smash and grab” robberies.  As these “smash and grab” robberies have increased,  the odds are increasing for more confrontations between Employees and Criminals. More recent robberies have included violent acts.

At the San Jose Macy’s, it is reported that at least six male suspects entered the mall-based store.  The Macy’s Loss Prevention Team approached the suspects and tried to stop the robbery. In this encounter, it is reported one of the Employees sustained minor to moderate injuries. Foxnews.com

This article will discuss the rights of this Injured Employee.

Can This Employee File a Workers’ Compensation Claim?

Yes.  The Employee may file a workers’ compensation  claim for her work injuries. This worker may have sustained both physical and mental injuries. Also, in this circumstance, the insurance company could possibly raise the defense of “initial aggressor” if the employee initiated the physical altercation,  i.e. threw the first punch.  A Trial Judge would make such a determination.

What Is The Difference Between A Physical Versus A Mental Injury?

Physical versus Mental injury is a distinction within workers’ compensation.  Physical Injury causation standards are different from Mental Injury standards.  Thus, it is possible that an Injured Worker can have a compensable Physical Injury claim but have a non-compensable Mental Injury claim.  Physical Injuries can be orthopedic in nature, ie. back or neck, and they can be internal medicine in nature, ie. heart attack.  Mental Injuries are Psychiatric Injuries, ie. Depression or Post Traumatic Stress Disorder.

What Other Claims Can This Individual Have?

Assuming this worker was assaulted by the robbers, the Worker could pursue a personal injury claim against the assailants  Also, they could file a claim with the Victims of Crime Board.  Finally, they could pursue their workers’ compensation claim.

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.

 

 

9.3Edward Jay Singer
Edward Jay SingerReviewsout of 22 reviews