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

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.

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.

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.

 

 

WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee.  The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.”  It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits.  There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.”  In California, it is possible that a Business Owner can be covered under workers’ compensation.  Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee.  This must be arranged within the policy’s terms.    If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes.  If his son was a company employee,  he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event,  it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3

Beyond Workers’ Compensation, Are There Any Other Benefits That Either The Owner or Son Could Collect? 

Even if the Owner or the Son are not considered an Employees, there is a special Victims Compensation Board Program in California.  The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

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.

WORKPLACE VIOLENCE AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Workplace Violence is a serious concern in California.  Some of the most infamous workplace violence episodes have occurred in California.  This includes the San Ysidro McDonalds shootings, the Piper Tech shootings, and the San Bernardino terrorist shootings.

Not all workplace violence involves fatalities. There are many workplace violence events of a non-fatal variety.   These violence acts are significant in the workers’ compensation area because workers who are either injured in the incident or suffer emotional injury as a result of witnessing the events.  These effected workers are entitled to seek medical treatment and disability benefits through the workers’ compensation system.

There was a recent study of interest which provides insight to workers with respect to these incidents.

This article will discuss non-fatal workplace violence, how it interacts with the workers’ compensation system and the rights that an Injured Worker has relating to those incidents.

What Were the Non-Fatal Workplace Violence Studied?

In a recent study, non-fatal violence in the workplace was investigated.   In the study, the types of crime included rape/sexual assault (including attempted rape, sexual attack with serious/minor assault, sexual assault without injury, unwanted sexual contact without force, and verbal threat of rape/sexual assault); robbery (including attempted robbery); aggravated assault (attack or attempted attack with a weapon, regardless of whether or not an injury occurred, and attack without a weapon when serious injury resulted, and including aggravated assault with injury, attempted aggravated assault with weapon, and threatened assault with weapon); simple assault (attack without a weapon resulting in no or minor injury, and including simple assault with injury and assault without weapon without injury); and verbal threat of assault.” Siegel, M. Johnson, CY, Lawson CC, Ridenour M Hartley D. Nonfatal Violent Workplace Crime Characteristics and Rates by Occupation- United States, 2007-2015. MMWR Morb Mortal Wkly Rep 2020;69: 324-328.

What Are the Frequency Rates of the Different Forms of Violence?

The most frequently reported type of crime was threat of assault (44%), followed by simple assault (37%), aggravated assault (13%), rape/sexual assault (3%), and robbery (3%). Siegel, M. Johnson, CY, Lawson CC, Ridenour M Hartley D. Nonfatal Violent Workplace Crime Characteristics and Rates by Occupation- United States, 2007-2015. MMWR Morb Mortal Wkly Rep 2020;69: 324-328.

Note: workplace violence does not necessary translate into matters of physical harm to workers. Threats of assault can cause psychological injury or give rise to physiological stress responses such as a heart attack. Likewise, witnessing these various events might give rise to such problems as well.

Are the Violence Rates Different Between Occupations?

Yes. In the study, “[d]uring 2007–2010, occupations with the highest rates of violent workplace crimes were Protective services (e.g., first responders) (101 crimes per 1,000 workers); Community and social services (19); Healthcare practitioners and technicians (17), Healthcare support occupations (17); Education, training, and library occupations (eight); and Transportation and material moving occupations (seven.)” Siegel, M. Johnson, CY, Lawson CC, Ridenour M Hartley D. Nonfatal Violent Workplace Crime Characteristics and Rates by Occupation- United States, 2007-2015. MMWR Morb Mortal Wkly Rep 2020; 69:324-328.

Note: It is interesting to note which areas of the workforce in which the acts occur.  It appears that the key factor is the significant contact that workers have with the public.

Are All Workplace Violence Episodes a Valid Work Injury?

No.  There are several issues that can come up.  First, there is the initial aggressor rule.  Second, if the alleged criminal has a relationship to the victim, there may be some issue of controversy as to whether it was a workplace event versus an event that happened at the workplace.  Legal analysis would be recommended in those circumstances.

Is there a Difference Physical Injuries versus Psychological Injuries?

Yes. Psychological Injuries have thresholds that must be met in order to prevail.

The Labor Code Section 3208.3 provides lower burdens for violent acts.  It is noted in the section that “in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.”  Further, ““substantial cause” means at least 35 to 40 percent of the causation from all sources combined.”

Further, there are other sections that may assist on a psychiatric claim.  They, however, require a factual analysis. Therefore, they may be relevant but will not be discussed within this article.

Additionally, for certain safety and law enforcement officers, there is a post-traumatic stress disorder presumption.  Click here for an article discussing it.

Are There Any Other Sources of Benefits?

Yes. The State of California has a Victims of Crime Program which can also provide benefits in some circumstances.  Click here for an article discussing it.

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.

 

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