| |
The Employee Injured On the Job
An employee injured on the job is entitled to file a worker compensation claim. The employee's injury may be temporary or permanent and may be of a nature that the worker can continue to work or require the worker to take time off work.
Employer Retaliation and Employee Claims
Under California law, if the employer retaliates against the employee for filing a worker's compensation claim, the employee can also file a claim for additional compensation to punish the employer under the worker compensation claim. If even a threat is made about this, the employee should speak with a Los Angeles workers comp lawyer about his or her situation.
What happens under the disability discrimination laws if the employer also fires the worker?
It depends on whether the employee is able to do his job either with or without accommodation. If the injured employee can do his or her job, the employer cannot fire the employee even if the employer thinks the employee may get reinjured on the job.
If the employee is fired when the employee can do the job, the employee can also file a claim for discrimination. To do this effectively, you need a Los Angeles disability attorney.
Damages
- Damages recoverable under worker compensation are very limited and set by a predetermined formula. Damages under disability discrimination can include all, part, and future loss of wages, benefits, emotional distress, attorney fees and even punitive damages.
- The Jury's Point of View on Disability Claims, Workman's Compensation
- What happens if the doctor says the injured worker can't do the job, needs retraining, but the worker is actually doing his or her job?
- If the employer's doctor tells the employer that the injured worker can't perform his job, but the worker is actually doing the job, then the employer who fires the worker, does so at his own peril.
The jury will probably use their common sense and say that if the worker is doing his or her job, then the doctor is wrong.
Juries don't like malingerers but do like people who stick it out and try to work even if injured. Therefore, the injured employee who wants to work has the jury sympathy and the employer who fires that injured worker may face the wrath of the jury.
Workers' Compensation laws are designed to protect employees who are hurt on the job. These employees are provided with fixed monetary awards covered under workers compensation, thus eliminating the need for excessive litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce. There are a variety of laws to protect injured workers; a Los Angeles workers comp attorney may be able to help you find the law that best suits your situation.
The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most worker compensation laws. Awards are limited to "disability or death" sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers' Compensation Programs.
The Federal Employment Liability Act (FELA), while not a workers' compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent.
The Merchant Marine Act (the Jones Act) provides seamen with the same protection from employer negligence as FELA provides railroad workers.
Congress enacted the Longshore and Harbor Workers' Compensation Act (LHWCA) to provide workers' compensation to specified employees of private maritime employers. The Office of Workers' Compensation Programs administers the act.
The Black Lung Benefits Act provides compensation for miners suffering from "black lung" (pneumoconiosis). The Act requires liable mine operators to pay disability payments and establishes a fund administered by the Secretary of Labor providing disability payments to miners where the mine operator is unknown or unable to pay. The Office of Workers' Compensation Programs regulates the administration of the act.
California's Workers' Compensation Act provides an example of a comprehensive state compensation program. It is applicable to most employers. The statute limits the liability of the employer and fellow employees. California also requires employers to obtain insurance to cover potential workers' compensation claims, and sets up a fund for claims that employers have illegally failed to insure against.
Employers with over 4 or so employees (varies by state) are legally required to furnish workers compensation insurance. If an employee is then injured, the employee files a claim with the workers compensation insurance company. Most laws require that you file a claim within 30 days of the accident, or 30 days after you learn of the injury (if it is a continuous, latent injury, such as an inability to breath).
In general, workers compensation provides replacement income, medical expenses, and vocational rehabilitation benefits. Usually, workers compensation will pay you two-thirds of your salary while you are injured. You may also be eligible for life-long benefits or a lump sum payment if you are permanently hurt while on the job.
If you are injured on the job in LA, contact a Los Angeles disability lawyer at our law firm today to set up a consultation. We can also assist you in your workers comp claims and disability discrimination cases. Our Los Angeles workers comp attorney gives clients information about what to do if they encounter discrimination or retaliation at work.
|
|
