Workers Compensation
There is a huge cross-over between wrongful
termination, employment discrimination, and workers
compensation.
The scenarios play out as follows:
• An employee has a work accident,
needs medical treatment, and aggressive representation due to the
medical problems the job injury caused
• The employee is experiencing a massive amount of stress at work
they call harassment. It might not qualify as racial or sexual
harassment because it was done by a coworker and nothing happened
after the employee complained, or it was a single incident. The
employee needs psychological counseling and a leave of absence
due to the stress. This might be a work stress case
• The employee was fired from their job due to a work injury that
does not qualify as a disability because the medical condition
healed quickly. It doesn’t qualify for FMLA/CFRA because the
employee was not employed long enough or the employer is not
large enough. The retalitory job termination violates California
Labor Code Section 132a only.
• The employer does not have workers compensation insurance. The
options are to sue the employer in tort for normal personal
injury or to make a claim against the uninsured workers fund
• A third party may be partially liable for the work accident.
The third party can be sued in tort for personal injury and the
employer can be sued in the workers compensation system
• The employer intentionally and/or knowingly engaged in unsafe
work practices such as requiring the employee to work on a
machine without safeguards and there may be an additional lawsuit
against the employer in tort
• The employee has a workers compensation lawyer who is refusing
to pursue a claim for 132a retaliation relating to the employee
being fired for making a claim for workers compensation
• The current workers compensation lawyer isn’t really there. The
client is only able to speak to a secretary, or somebody who is
not a lawyer who makes appearances at the WCAB (Workers
Compensation Appeals Board)
Our law firm can handle your disability
discrimination or CFRA/FMLA Family Medical Leave Act case if
you were fired due to a work injury that also falls under those
employment discrimination laws.
Almost all work injuries, and calls about work injuries, fall
into the above categories.
Tell us which is it and we will be one step closer to solving the
problem.
Call us at 310-842-8600
Workers compensation is a no fault system.
This means you may receive medical treatment and disability
payments regardless of whether the injury was your fault. Just
because you tested positive for marijuana, alcohol, or a
prescription medication does not mean you cannot file a workers
compensation case for a physical injury that occurred while
working. While working is the critical concept. Workers
compensation law is for injuries that occur due to your job.
However, injuries that partially happened at work or were made
worse by work also qualify as work injuries.
It is possible to file a workers compensation claim at a variety
of Workers Compensation Appeals Boards. Although there is a Long
Beach Workers Compensation Appeals Board in the South Bay, there
is also one in Marina Del Rey and another in Santa Monica. Allow
a workers compensation lawyer to best advise which board to file
your workers compensation claim in.
Don’t give it another thought, call 310-842-8600 to start your
workers compensation case today. The cost of starting a workers
compensation case is minimal. Your lawyer is only paid when and
if there is a settlement approved by the Workers Compensation
Appeals Board. The legal fee is paid directly by the employer
opposed to other situations in which people need to hire lawyers
for work related issues. You should also know the legal fee for
work injury cases is a very low percent, substantially less than
20%.
The list of potential work injuries is too large to fully enumerate here. Work injuries are generally divided into:
PHYSICAL AND NON-PHYSICAL (Mental, Stress)
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PENALTIES FOR RETALIATION (132a)
Work injuries are either permanent or non-permanent. Depending on
the severity and degree of the injury a medical professional will
ultimately attribute a certain percent of disability to your
medical problem. Sometimes your lawyer and the company lawyer
will agree on these percentages. If they cannot agree a doctor
who is agreed to, or one on a panel and randomly selected, will
make the findings. These attributions are used to determine how
much the injury is worth in the workers compensation system.
If your employer retaliates
against you for filing a workers compensation claim, or otherwise
engaging in the workers compensation process, this retaliation
may cost the employer. There are additional penalties under
California Labor Code Section 132a that may be owed to you due to
the retaliation.
Our lawyers can quickly determine what the issues are with your
workers compensation problem. Without fully understanding how all
of this works, it can be confusing. Let us get things in
motion.
CALL 310-842-8600 to start your workers compensation monetary recovery process
WE ADVANCE COURT COST. ALL CASES
ARE TAKEN ON CONTINGENCY.
WE ARE ONLY PAID IF WE WIN!
Case Samples
$539,584 Myles v. Wellpoint Termination of Employment Due to Disability and Workers Compensation Injury
* Please be advised that past results are not a guaranty nor prediction of future case results
We Advance Court Costs.
All Cases Are Taken On A Contingency.
We are only paid if we win!
Contact Form | 310-842-8600