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.

 

 

 

work injury claim form with a judge's gavel

ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82

A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield.  It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com

If No One Really Knows How The Rock Hit The Windshield, Does It Matter?

No.  Workers’ Compensation is a “no fault” system.  The regardless of how and why the rock struck the windshield, it did cause an injury.  Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.

Where Can The Claim Be Filed?

Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws.  Thus, the Driver must determine which State will serve as the venue.  There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened.   Thus, an analysis should be done with respect to this issue prior to filing the claim.

What Injury Claims Does This Worker Have?

In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness.  Usually, the loss of consciousness usually indicates that that he suffered a concussion.  Likewise, he may have suffered a vision injury.  Further, he suffered a cosmetic injury due to 27 stitches on his face.   Possibly, he may have also suffered a dental injury.   Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim.  Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.

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.

9.3Edward Jay Singer
Edward Jay SingerReviewsout of 22 reviews