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GROCERY CLERK PUMMELED BY CUSTOMERS: INJURED WORKERS IN THE NEWS, #79

Posted on March 16, 2023 by Edward Singer

A Grocery Clerk was attacked by multiple customers. A dispute concerning cashing in recyclables led to the violent attack. Nypost.com According to the New York Post, the Clerk stated ““No one ever attacked me like that.” The article noted “she’s terrified to go back to work because her attackers are still on the loose and may return.” The Injured Clerk stated “I have to come back,” she said. “I have to work. I need money. I need my job. I don’t know what else I can do.” Nypost.com. The incident was caught on video.

Does the Video By Itself Prove Up The Claim?

No. While the video may be helpful to prove that the accident happened, medical evaluations documenting the Grocery Clerk’s injuries are just as important. Workers’ Compensation benefits are paid out in accordance with medical reports and not graphic videos. Many times the film only assists to prove that the injury happened. Thus, the video may only expedite an insurance company’s acceptance of the claim.

Can The Clerk Get Paid For Time Off If She Is Terrified to Return To Work?

No. Being terrified is not enough to warrant the payment of compensation. The Grocery Clerk needs to have a physical or mental medical diagnosis. This medical condition should supports the time off. In this circumstance, an off-work note from a mental health practitioner would trigger the payment of temporary disability benefits.

What Happens If Her Doctor’s Say That She Cannot Return to Her Job On A Permanent Basis?

Under California Law, if she cannot be accommodated by her employer, under workers’ compensation law, she would be entitled to a job voucher from her employer. This would allow for a $6,000.00 voucher as well as a separate payment from the State.

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.

Man Threatens Wendy’s Employee With A Gun: Injured Workers in the News #70

Posted on November 23, 2022 by Edward Singer

A Wendy’s Fast Food Worker reportedly had a bad drive thru incident. A customer pulled a gun. Apparently, there was a missing sauce packet! It was reported that the man “was driving around the parking lot brandishing a gun and refusing to leave.” foxnews.com

There is no report of any physical injury. Thus, we will discuss whether this fact pattern can give rise to a workers’ compensation claim.

Can This Fact Pattern Give Rise to A Work Injury?

In California, there is no need to have a physical altercation in order to have a work injury claim. In this instance, there was an actual incident. We have a customer acting in a hostile fashion. He was reportedly brandishing a weapon and acting in a menacing fashion. If the Worker experienced a physical reaction to this event, it would be considered as a work-related event. In this matter, if the Worker had accidently not provided the customer the sauce packet, it would not be relevant. Workers’ compensation is a “no fault” system. This event would not be considered as a “good faith personnel action.” It was merely an exchange between an employee and a customer.

What Type of injury Can Be Claimed?

In California, it is possible to have both physical and psychological injuries arise from such an incident. Injuries, however, must be documented by medical specialists. In this instance, there could be a physical injury, i.e. an aggravation of a blood pressure condition. Likewise, a psychiatric disorder could be found as well, i.e. a diagnosis of post-traumatic stress disorder. It should be emphasized that the incident alone does not make a claim. There must also be an injury.

What if I Need Advice?

CAN PARENTS CAUSE A HIGH SCHOOL FOOTBALL COACH A PSYCHIATRIC WORK INJURY? INJURED WORKER IN THE NEWS #64

Posted on October 10, 2022 by Edward Singer

Parent mistreating High School Football Coaches is becoming a problem. If this mistreatment caused the Coach an emotinoal injury, can a workers’ compensation claim be filed?

A recent news report indicated that a High School Football Coach quit his job due to parents’ behavior. It was reported that, after a game ended, a group of parents yelled at the coach [and possibly the team] and tried to embarrass them. The Coach noted that the actions seemed dehumanizing. The Coach was so concerned over the parents’ treatment that, for fames, he would use escorts in order leave games or take back exits.

Can Parents Be A Source Of A Work Injury?

Parents can be a source of a work injury. Given the facts of the particular case, the parents’ harassment of the Coach occurred during a time when the Coach was performing his employment. Thus, there were actual events of employment that would be considered a the source of the stress. Psychiatric stress claims must meet certain thresholds. Further, a mental health practitioner would have to have diagnosed the Worker with a condition. Mental illness can include diagnoses such as depression or anxiety.

What if I Need Advice?

DID BURRITO MADNESS INJURE CHIPOTLE WORKERS? INJURED WORKERS IN THE NEWS #61

Posted on September 12, 2022 by Edward Singer

Chipotle Employees are complaining. A $3 burrito hack was driving them mad. It was reported that employees may have been getting frustrated over a company customization plan. A customer and possible magician figured out how to turn a taco into a burrito. This was perhaps done at the expense of the workers’ sanity. In a Chipotle statement from CAO Laurie Schalow, it was noted that “[w]hile we have long embraced customizations and even released our own hack menu, the current social media trend is resulting in a poor experience for our food, our employees and our customers waiting for orders,” Chief Corporate Affairs Officer Laurie Schalow told the outlet in a statement. nypost.com

Reading between the lines, it would appear that Chipotle Workers may have been experiencing stress. If this stress gave rise to an emotional injury, would it be a work injury?

Can A Company Policy Give Rise to A Work-Related Stress Injury?

Yes. A company policy, if it causes an emotional injury, can be a valid workers’ compensation claim. The key issue would be whether the policy would be considered a non-discriminatory good faith personnel action.

California Law has Labor Code Section 3208.3. It provides under section (b) (1) that “In order to establish that a psychiatric injury is compensable, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury.” The personnel action defense is per section (h) that “[n]o compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue.”

In this instance, the policy was no disciplinary toward employees. Rather, it was a policy that apparently created an annoyance.

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?