Law Offices of Edward J. Singer APLC

CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

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.

What You Need To Know About The 2022 Total Temporary Disability Rate

Posted on January 26, 2022 by Edward Singer

Each year, the State of California sets the minimum and maximum total temporary disability payment rates.

The new 2022 minimum and maximum temporary total disability (TTD) rates effective on January 1, 2022, will be $230.95, per week for the minimum rate and $1,539.71, for the maximum.

What Does This Rate Change Mean For Injured Workers?

For Injured Workers with injuries on or after 1/1/22, they will be paid in accordance with the rates listed above. With some exceptions, one’s TTD rate is calculated as 2/3rds of one’s Average Weekly Wage. For those with earning less than $346.77, per week will be paid the minimum rate.

For Injured Workers with injuries before 1/1/22, if they are continuing on TTD and the payment is two years or past the date of injury, their payments will be adjusted to the 2022, effective rate based upon their average weekly wage. This is pursuant to Labor Code Section 4661.5.

What if I Need Advice?

WCITN #14: A Unique Film Production Injury

Posted on November 8, 2021 by Edward Singer

The Rust Film Production’s fatality was not the only work injury of interest. Another worker sustained a work injury when they were bitten by a venomous brown recluse spider. This occurred when the production was shutting down. The spider’s bite contained poison. As a result, the crew member has been hospitalized and may require the amputation of an arm. The injury occurred “on location.”

It is reported that “a lamp operator and pipe rigger, was working to wind down production of the film after cinematographer … was fatally shot…, when he was bitten by a brown recluse spider – a venomous spider that is native to North America.” It was reported he “started experiencing severe symptoms, including necrosis of his arm, which occurs when cells die, and sepsis.” Dailymail.com

There are several unique issues with regard this work injury:

Where Should the Workers’ Compensation Claim Be Filed?

The location of where a work injury is to be filed is generally referred to as the venue. Workers’ Compensation for private employers is generally a state issue. Thus, when there is a “on location” injury, the question arises as to which state would be the proper venue. This is an issue which is heavily factual. Where the employee lives, where the contract was made, where the employer is located, and where the injury happened as are relevant. A careful legal analysis must be done to determine venue. There are times when multiple states may serve as a proper venue.

Who Pays the Medical Bills?

In the news reports, there was concern about the Injured Worker’s medical bills. In California Workers’ Compensation Law, the Employer is 100 percent liable for paying medical bills that are generated in accordance with the Labor Code. Thus, it is important that the claim be made.

Is There Anything Special Concerning the Nature of the Injury?

Yes. If an amputation is required in the matter, the Injured Worker’s period of temporary disability payments would be extended from 104 weeks to 240 week which must be within the period 5 years from the date of injury.

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.