Law Offices of Edward J. Singer APLC

SUBWAY FAST FOOD MANAGER RECEIVES KNUCKLE SANDWICH FROM CUSTOMER: INJURED WORKER IN THE NEWS,#115

Posted on May 13, 2024 by Edward Singer

The Nypost.com reported that, in California, a Subway Sandwich Store Customer committed an act of violence against a Store Manager. After he became enraged over a dispute over “extra meat” on an order, the customer proceeded to go around the counter and started striking the Subway Store Manager.

The manager is quoted as saying: “He punched me and all I could remember is just black.” It is reported that she sustained a black eye and a swollen cheek. It is also reported that the Manager claimed that her injuries have made her remain off of work for more than a week and that this has placed stress upon her family finances. She reported that her eye was shut and therefore she was not able to work. She reported that she is scared and that cannot feel half of her face. She feels that like there is some permanent damage as the face is numb. Nypost.com

The issues raised within this fact pattern will be addressed under California Workers’ Compensation Law.

How is The Manager Going to Receive Workers’ Compensation Benefits?

In this instance, it is essential that the claim be filed with Subway. The claim, which should be accepted, entitles her to get her medical treatment paid for as well as receive monetary compensation. Being the manager, this worker should be well aware of this process. She should complete a claim form and submit the matter to the Workers’ Compensation claims department as soon as possible. This will allow her to get medical attention right away.

What About Benefits For Her Time Off Of Work?

Her doctor, given her symptoms, should have made an assessment as to whether she is able to work. In this worker’s instance, the inability to drive may not be an indication that she cannot perform her job. If she was required to use a car to perform her job, it would appear that she would be considered eligible to be off of work. Surprisingly, the physical inability to transport to work may not be sufficient to justify disability benefits. One’s personal transportation choice, in many circumstances, is not considered part of the job description. Thus, this worker might require additional reasons as to why she cannot perform her job based upon her injuries.

When Do Her Workers’ Compensation Benefits Begin?

Per Labor Code Section 4650(a) (a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied. In this instance, the Store Manager should get paid fourteen days after she was out. This is subject to her having the proper note.

Are There Any Red Flag Matters In This Case?

Yes. The fact that she went black and has no memory related to the matter may mean that she suffered a brain injury. This might indicate she suffered a concussion. A concussion could be justification for her being off of work. Likewise, the numbness on the side of her face is also concerning. It is important that this individual be evaluated by a neurologist. Thus, her Primary Treating Physician should make such a referral.

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.

TACO HELL? INJURED WORKERS IN THE NEWS, #107

Posted on December 20, 2023 by Edward Singer

A Mexican Restaurant- Taco John’s-was on the verge of being renamed Taco Hell. Reportedly, an infestation of unruly teenagers was turning a paradise of guacamole and fajitas into purgatory.

According to the Nypost.com, there were multiple events which involved activities such as middle school students stealing soda and condiments. The teens were accused of leaving huge messes and disrespecting employees. They also made problems in the lobby. On one occasion, a rock was tossed at am employee.

This article will discuss the nature of workers’ compensation stress claims in a hostile work environment.

Can This Conduct Give Rise To A Workers’ Compensation Claim?

Yes. If this matter happened in California, the Food Service Workers at the establishment might have claims for stress. Certainly, the teens’ reported horrible conduct could certainly trigger emotions that could lead to a full blown psychiatric disorder. The activities alone, however, are insufficient to prove a work-related injury claim. Injured Employees must have must have an actual medical diagnosis, i.e. anxiety disorder. These diagnoses are opined by medical professionals.

What Type of Injury Claim Would It Be?

Workers’ Compensation has a variety of ways to please claims on the workers’ compensation DWC-1 form. Give these fact pattern, there is likely both cumulative traumas or specific incidents that occurred. For instance, a “specific” injury might have occurred to the worker who was subjected having a rock launched at them. With respect to the workers who had to frequently address the messes left behind by the allegedly devilish teens, their complaints would be along the lines of a cumulative trauma claim.

What if I Need Advice?

TACO BELL SHIFT MANAGER MISTAKENLY CAUGHT UP IN A CO-WORKER DISPUTE AND GETS SHOT: INJURED WORKER IN THE NEWS, #57

Posted on September 1, 2022 by Edward Singer

It is reported that a Taco Bell Shift Manager was shot in his shoulder by a Co-Worker.

Apparently, the Store Manager disciplined the Co-Worker. Ater the discipline a Shift Manager then had an interaction with the trouble Co-Worker. This interaction led the disgruntled employee to get upset at the Manager. The Co-Worker, who supposedly was slacking off on the job, got upset when the Manager told him that he could clock out if he didn’t feel like working. The upset employee then took out a gun. The Shift Manager tried to get away. Unfortunately, he was shot. It was reported in the article that neither the police or Taco Bell has acknowledged the workplace shooting. abc7chicago.com

This article will discuss what the Injured Worker needed to do when his employer is not taking responsibility for the claim.

When A Claim Is Not Acknowledged, What Should An Injured Worker Do To Get Benefits?

In California, there are disability benefits that may be available to workers. “Disability Insurance (DI) provides short-term wage replacement benefits to eligible California workers who have a loss of wages when they are unable to work due to a non-work-related illness, injury, or pregnancy.” DIR. State Disability will be paid when an industrial claim is being disputed. Technically, an ignored claim is a disputed claim.

How Would An Injured Worker Get Treatment?

There multiple ways an Injured Worker can obtain treatment when a claim is not acknowledged. An Injured Worker can seek treatment through their health insurance provider. Also, they may be able to find a provider who can treat them on a lien. When the claim is resolved, the health insurance or the lien claimant will seek payment from the Workers’ Compensation Insurance.

What Should The Injured Worker Do In This Circumstance?

The Injured Worker should speak to his Store Manager and ask for a DWC-Claim Form. He should fill out and submit form to his employer. If the Store Manager is not responsive, he should contact the corporate office for assistance in submitting in a claim form.

What if I Need Advice?

ZOO WORKER LITERALLY HAS A BAD HUMP DAY: INJURED WORKER IN THE NEWS, #47

Posted on July 14, 2022 by Edward Singer

Yes. On a Wednesday, aka Hump Day, it is reported that a Camel bit a Minnesotan Zoo Worker on the head. The Zoo Worker was dragged about 15 feet. Foxnews.com Another another co-worker was also bit in the head. The Injured Worker, who was bit and dragged, was airlifted to a hospital for treatment. The other Injured Worker declined medical treatment. The camel reportedly was not injured.

The fact pattern raises many important issues within workers’ compensation.

Who Pays for the Worker’s Airlift to Get Medical Treatment?

In California, medical transportation is considered as part of medical treatment. As such, if an ambulance or airlifting is medically necessary, the expense is to be paid for by the workers’ compensation carrier.

What Are the Concerns for the Injured Worker Who Was Dragged?

The Injured Worker who was bitten and dragged by the head has multiple medical concerns. First, there is question as to whether a Camel bite can transmit any blood borne illnesses or infections. Second, there is the question as to whether there was a head injury or trauma. Third, there is the concern as to whether there was an orthopedic neck injury. Finally, there is a concern that this injury caused an emotional injury. As such, it is important for the Injured Worker document with the medical providers all of their complaints.

Is There Any Concern for the Injured Worker Who Declined Medical Treatment?

Yes. Sometimes, at the time of the accident, an Injured Worker may feel that they were not injured. Sometimes, the next day they start feeling aches and pains from the accident. Therefore, it is important that the Injured Worker, even though they are not seeking medical attention, fill out a workers’ compensation claim form, a DWC-1, and note the body parts affected. In this instance, the Injured Worker should note that they were bitten on the head.

What if I Need Advice?