Do These Statistics Mean Anything Concerning An Individual Police Officer’s Work Injury?
What If One of These Attacks Prevents A Police Officer From Returning to the Job?
What If I Need Advice?
Tag Archives: workplace violence
POSTAL WORKER ROBBED AT GUNPOINT IN DAYLIGHT: INJURED WORKER IN THE NEWS #116
In Dublin California, a Postal Worker was robbed by masked assailants at gunpoint. The incident was caught on film. The 33-year Postal Worker had a gun placed upon her head. During the interaction, she indicated that she thought: “I’m going to die.” She worries but told herself to keep calm. In an interview, she stated that: “I feel anxious, I can’t sleep. My heart is pounding,” She also said that she wasn’t injured in the attack, she is seeing a therapist for her trauma. She indicated that she hoped that she could return to her job. She indicated that she loved her customers and loved to serve them. Foxnews.com
This incident is one which is subject to Federal Workers’ Compensation Law. The fact pattern, however, will be addressed within California Workers’ Compensation Law.
Why Is This Case A Federal Workers’ Compensation Case?
In this instance, the Injured Worker is an employee of the Federal Government. The United States Postal Officer is part of the Federal Government. This is in contrast to private delivery companies such as UPS or Federal Express. As a result, the jurisdiction for her matter is the Federal Legal System as opposed to the California Workers’ Compensation System. Companies such as UPS or Federal Express, being private companies, are subject to State Workers’ Compensation Laws.
Was This Postal Worker Injured?
Yes. Often, Injured Workers are unfamiliar with the terminology used within workers’ compensation. Psychiatric Injuries are injuries. While the worker describes herself as not being injured, anxiety, the lack of sleep and heart palpitations can rise to the level that a medical professional could assign a medical diagnosis upon them. For instance, an Anxiety Disorder. Insomnia, and Heart Palpitations are legitimate medical conditions that can be considered as caused by work. Therefore, she does have an injury. It is, however, not one that individuals traditionally associate as injuries. It should be noted that she even acknowledged that she is seeking medical attention for her condition.
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.
6-Year Old Shoots Teacher: Injured Workers in the News #73
It is reported that an Elementary School Teacher was deliberately shot by a six-year-old student in her classroom. She is reportedly critically ill. Dailymail.com
This article will discuss this fact pattern under the premise that the Teacher was a Public School Employee within the State of California.
Are There Limits to This Teacher’s Workers’ Compensation Benefits?
In California, Workers’ Compensation Benefits are limited. With respect to total temporary disability benefits, absent some exception, the Teacher, given the fact pattern, would likely be eligible for only 104 weeks. With respect to medical care, while Labor Code Section 4600 provides for treatment to cure or relieve from the effects of the injury, the Teacher’s medical care would be subject to Utilization Review. This means that Requests For [Medical] Authorization are subject to approval.
Beyond Workers’ Compensation, Is There Anything That This Teacher Can Do To Get Benefits?
If the Teacher is going to be unable to return to work within 104 week, it would appear that the Teacher should investigate her retirement rights. Retirement can come in different forms. Retirement can be based upon years of employment or based upon a medical disability. In California, there is the California State Teachers’ Retirement System. This system provides retirement benefits to California public school educators from pre-kindergarten thought community college.
Given this fact pattern, the Teacher should consult with both CALSTRS as well as the Social Security Administration for benefits.
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.
BURGER KING MELEE LEAVES YOUTHFUL FAST FOOD WORKERS INJURED: INJURED WORKERS IN THE NEWS #62
Fast Food Workers at a Burger King encountered a true “burger insanity” moment.
According to the reports, “[i]t started with an unruly customer and spilled pop. By the time it was over, a 17-year-old worker had to get stitches for a cut to the forehead and a 15-year-old, working her first job, suffered a busted jaw and broken teeth.” www.woodtv.com
It was reported that the unruly drive-thru customer came into the store and started to make a disturbance. Apparently, the staff tried to get the customer out of the store and lock the door. A scuffle occurred. The 15 year old worker said that “[w]hen I got up, all I heard was ringing. I was crying. I couldn’t open my jaw. As soon as I opened up, all you seen is blood coming down,” the 15-year-old, who asked not to be identified, said. “I barely remember what happened. After the surgery, it was just too much.” www.woodtv.com The worker reported that “I have screws right here, right here and under here,” she showed News 8 Wednesday, pointing to her still-swollen jaw. “Right here, it’s all numb. The doctor says that might never go away. www.woodtv.com “I have like five teeth cracked and he knocked out one in the back,” she continued. “I’m on a full liquid diet for six weeks straight. No solid food. I can barely open my mouth.” www.woodtv.com
Also, for one of the workers, it was her first day on the job.
This article will address many issues concerning young workers and a multi-faceted injury.
Why Was This a Mult-Faceted Work Injury?
Given the facts, it appears that the blows to the face caused a number of injuries. The injuries could include head trauma, dental trauma, cosmetic trauma, and psychiatric trauma. As such, its is important for these workers to see a variety of specialists to obtain a proper work up.
The Fact that A Worker Had Only Worked One Day, Is That Important?
In Workers’ Compensation, Permanent Disability and Temporary Disability payments are made based upon the Worker’s Average Weekly Wage. In this instance, assuming this was the young worker’s first day of ever working anywhere. Also, assuming that the the worker had a future schedule of part-time hours, there are many ways of figuring out what should be the proper wage. If a wage cannot be figured out and the earnings were not much, workers’ compensation law has a minimum rate which is paid to the worker.
Below is an article about the calculation of the wages.
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.
ANGRY CUSTOMER + MACHETE + A DICK’S SPORTING GOODS STORE MANAGER = WORK INJURY: INJURED WORKER IN THE NEWS, #53
A Dick’s Sporting Goods Store had quite an incident. A Customer, angry over the fact that he could not purchase a gun, reportedly took out a machete and slashed the Store Manager and 2 others. The Store Manager is reported to have serious injuries to his torso, arms, and head. It is reported that the Manager suffered severed tendons in the arms. TimesofIsrael.com
Does Workers’ Compensation Treat All Injured Body Parts Treated Equally?
No. In California Workers’ Compensation, each body part is addressed separately. Each body part, not including psych injuries, is to be assessed under the American Medical Association Guidelines 5th Edition. A Whole Person Impairment is assigned to each body part. This impairment is translated into a rating percentage. The Worker’s Occupation is also used to adjust the rating percentage. Per the Rating Schedule, After the rating is adjusted for diminished future earning capacity, it is then modified to take into account the requirements of the specific occupation that the employee was engaged in when injured. SCHEDULE FOR RATING PERMANENT DISABILITIES 2005. The adjustment is based upon who value the body part is to the occupation. In other words, a job that requires lifting will get added value for a back. With the Manager, their torso, arms, and head will be assigned distinct values. With a Manager, the head may be rated higher both on a cosmetic level and on a cognitive level versus the torso and arms. Should a psychiatric injury be pled, that rating percentage would go upwards as a Manager’s job requires a significant mental capacity.
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.