Law Offices of Edward J. Singer APLC

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.

Restaurant Workers, with both COVID-19 and work shortages, are encountering unprecedented stress. Restrictions and delays have customers are acting out in outrageous ways. Recently, a Restaurant Manager had a scary encounter with hot soup.

It is reported that an angry Customer threw hot soup in a Restaurant Manager’s face. The Customer was upset because she found plastic melted into the soup. The soup was spicy menudo. Criminal charges have been filed against the Customer. The Manager, who was struck by the soup, stated “the experience itself was traumatizing and heartbreaking.’ Dailymail.com ‘[I] felt my spirit had been broken just knowing someone could do something so awful and then laugh about it.’ Dailymail.com

Was There A Workers’ Compensation Injury?

Possibly. A workers’ compensation injury requires that a body part be injured. From the facts, it is possible that the Manager suffered a burn injury as a result of the hot soup. Also, it is possible that she may have suffered an injury to her eyes. Additionally, she may have suffered a psychiatric injury. From the reports, she expressed some emotions concerning the incident.

Any injury claim should be supported by medical evidence. Thus, a medical report documenting a burn is important. The same would be with respect to an eye injury. Finally, any psychiatric injury claim should be supported by the opinion of either a psychiatrist or psychologist.

Why Is The Burn Injury Unique In This Case?

In this case, under California Law, if the Manager’s eyes were burned in the incident she might be entitled to an extended period of disability benefits. Chemically burned eyes is a basis for these extended benefits. Whether spicy soup would be considered as a “chemical” would be an issue worthy of litigation. The soup may have contained particular chemicals that could cause an ocular burn. Medical opinion would be required to prove this fact.

Are There Any Other Sources of Benefits Beyond Workers’ Compensation?

In light of the alleged criminal activity, the manager, if in California, could seek assistance through the California Victims’ of Crime program. https://www.workinjuryhelp.com/california-victim-compensation-program-calvcp/

Also, there is a possible lawsuit for personal injury against the customer who caused the injury.

If the Customer’s Complaint About the Soup Was Correct, Would That Impact A Workers’ Compensation Claim?

No. With respect to workers’ compensation law, claims are “no fault.” Thus, even if the manager had been responsible for the hot soup problem, she would still be able to pursue a work injury claim.

Tag Archives: victim of crime

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

Did A Not So Soup-er Customer Cause A Work Injury?: Injured Workers In the News, #1

Was There A Workers’ Compensation Injury?

Why Is The Burn Injury Unique In This Case?

Are There Any Other Sources of Benefits Beyond Workers’ Compensation?

If the Customer’s Complaint About the Soup Was Correct, Would That Impact A Workers’ Compensation Claim?

What If I Need Legal Advice?