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POSTAL WORKER ROBBED AT GUNPOINT IN DAYLIGHT: INJURED WORKER IN THE NEWS #116

Posted on May 14, 2024 by Edward Singer

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.

STUDENT ATTACKS TEACHERS: INJURED WORKERS IN THE NEWS #113

Posted on May 9, 2024 by Edward Singer

The other Teacher was reportedly smacked twice. The video of this event went viral.

These cases will be analyzed under California Workers’ Compensation Law.

Are These Attacks Work Injuries?

In these two fact patterns, it does not appear that there were physical work injuries. The news reporting did not indicate any injuries and did not indicate that any medical care was obtained. Hurt feelings alone does not constitute a work injury. A diagnosed medical condition is necessary.

These incidences may constitute psychiatric workers’ compensation claims. In this instance, the psychiatric basis with respect to the events. The threshold for such injury claims would be lower than the usual standards due to the violence involve. The standard applicable would be as follows: ” in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” This is 35-40 percent.

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CORRECTIONAL OFFICER’S BODY CAMERA IGNITES: INJURED WORKER IN THE NEWS #112

Posted on May 6, 2024 by Edward Singer

Many Law Enforcement agencies require their staff to wear body camera. The Nypost.com reported on an incident in which a Female Corrections Officer’s body camera ignited and for which she suffered injuries. The Department immediately acted to pull the devices from 3,000 other officers pending a safety review. According to the reports, it appears that she did not suffer burn injuries but instead suffered from smoke inhalation. She went to the hospital but was not admitted. It was reported that “She’s doing O.K., a little traumatized.”

What is the Nature of The Correctional Officer’s Injury?

In this matter, the causation of the injury is cause to investigate whether this matter is beyond a mere workers’ compensation claim. It is possible that there may have been a product defect. If this was the case, then a Third Party Product’s Liability might be a cause of action.

Does The Fact that She Was Not Admitted Into the Hospital Matter?

No. She has a work injury which necessitated medical care. The fact that there was no hospitalization is merely an issue with respect to the nature and extent of the injury. In other words, the lack of hospitalization does not negate the fact that there was an injury.

What Is The Injury?

Given the facts, there injury would appear to have been a respiratory injury. Further, in light of the comment that she was traumatized, there is possibly a psychiatric claim of injury.

Is There Another Legal Action That Can Be Pursued?

In light of the fact that it was a product involved which caused the injury, a Product’s Liability action could be made against those involved with the manufacturing of the body camera. This would be an entirely different action than the workers’ compensation claim.

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Florida Teacher Attacked by Student Injured Workers in the News, #95

Posted on October 18, 2023 by Edward Singer

A Teacher (official title Paraprofessional) was brutally beaten by a 270 pound seventeen-year old student. It was reported that she was beaten to the point that she lost unconsciousness (note: the loss of consciousness is a sign that there might be a brain trauma.) The student was arrested, pled guilty and is reported to be scheduled for criminal sentencing. It is possible that the student could be sentenced as either an adult or a juvenile. In the worst case scenario, the student faces up to 30 years in prison. Flagerlive. News accounts arguably have painted the Teacher as a bad person due to the fact that she has no interest in assisting the student during his sentencing procedure.

The news accounts- which are offensive and victimize the victim- are pathetic. It is quite possible that the Injured Worker, as a result, may be emotionally impacted by the event surrounding the criminal proceeding. It must be noted that this Injured Worker has no obligation to either participate in the sentencing procedure or offer up a message to the Judge to give the student leniency. Some of the media appear to disrespect an Injured Worker who suffered severe trauma.

As a practicing attorney, I have represented Injured Workers who- as victims of crime- have been forced to participate in the criminal prosecution of the offenders. These moments can be very stressful.. They can often re-ignite the emotional trauma from the incident. As such, there is an issue as to whether this emotional stress would be considered as work-related.

In California, If This Criminal Proceeding Caused The Injured Worker Increased Emotional Harm, How Would It Be Addressed?

Assuming that this Injured Worker included a psyche injury with respect to the initial assault, the following analysis is to be made: With respect to the need for medical attention, treatment to cure or relieve from the effects of the injury is to be provided. Most likely, a doctor would indicate that the need for treatment after dealing with the criminal proceeding constituted an aggravation of her emotional state tied to underlying assault. Thus, any treatment would be provided on an industrial basis for treatment connected to the criminal proceedings.

With respect to a permanent disability award, there is likely to be controversy. Should the criminal proceeding be considered as a continuation or the original industrial injury? Or, should it be considered as a non-industrial event? This is a matter of controversy which has not been fully meted out. It is my opinion that this matter that it will be both factually based as well as medically based. In other words, the nature of the original injury and the nature of the criminal proceedings will come into play. Likewise, the nature and extent of the medical treatment psychologically prior to the criminal proceedings might be of interest. In essence, the issue is both complex and multi-factoral.

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GROCERY CLERK PUMMELED BY CUSTOMERS: INJURED WORKERS IN THE NEWS, #79

Posted on March 16, 2023 by Edward Singer

A Grocery Clerk was attacked by multiple customers. A dispute concerning cashing in recyclables led to the violent attack. Nypost.com According to the New York Post, the Clerk stated ““No one ever attacked me like that.” The article noted “she’s terrified to go back to work because her attackers are still on the loose and may return.” The Injured Clerk stated “I have to come back,” she said. “I have to work. I need money. I need my job. I don’t know what else I can do.” Nypost.com. The incident was caught on video.

Does the Video By Itself Prove Up The Claim?

No. While the video may be helpful to prove that the accident happened, medical evaluations documenting the Grocery Clerk’s injuries are just as important. Workers’ Compensation benefits are paid out in accordance with medical reports and not graphic videos. Many times the film only assists to prove that the injury happened. Thus, the video may only expedite an insurance company’s acceptance of the claim.

Can The Clerk Get Paid For Time Off If She Is Terrified to Return To Work?

No. Being terrified is not enough to warrant the payment of compensation. The Grocery Clerk needs to have a physical or mental medical diagnosis. This medical condition should supports the time off. In this circumstance, an off-work note from a mental health practitioner would trigger the payment of temporary disability benefits.

What Happens If Her Doctor’s Say That She Cannot Return to Her Job On A Permanent Basis?

Under California Law, if she cannot be accommodated by her employer, under workers’ compensation law, she would be entitled to a job voucher from her employer. This would allow for a $6,000.00 voucher as well as a separate payment from the State.

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