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 877-525-0700 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.