We all remember that superstitious little saying we used to say as kids: don’t step on a crack or you’ll break your mother’s back. It’s all fun and games until somebody does actually break their back, or injures their back in anyway. While the rhyme is cute, back injuries are no laughing matter and one of the most prevalent kinds of injuries. Some of the worst injuries are back related, and injuring your back on the job is a situation that must be taken seriously. Your physical therapist will tell you it’s from lack of core strength, but that’s for another day. If you were fired after you had back surgery from work related injury, several of your fundamental rights as an employee have been violated. Let one of our attorneys at California Labor Law Employment Attorneys Group take a load off by assisting your in a wrongful termination lawsuit.
Does workers’ compensation cover surgery?
If you required surgery after hurting yourself at work, it’s very likely that your employer should have paid for this. If not, you may want to look into filing a claim. The workers’ compensation program in California supplies benefits for those who have injured themselves at work. This injury can be from a single incident or be the result of exposure to a certain environment or movement for a prolonged period of time. Workers’ compensation insurance is an insurance your employer is obligated to pay in case an employee is injured on the job. The different types of benefits offered by California’s workers’ compensation program are medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits. Medical care benefits should have covered your surgery. If you had to pay for your back surgery from a work related injury then you will want to talk to one of our workers’ compensation attorneys to file a claim against your employer.
If you were recently injured your back on the job, you have 30 days to file your claim. If it’s a gradual injury you must notify your supervisor as soon as you think the injury is work-related. The longer you wait to file a claim, the more likely it is your benefits will be delayed. After 30 days, you may lose your rights to file claim altogether. If surgery is required, this must be proven by a doctor. California uses something called the medical treatment utilization schedule (MTUS) which outlines evidence-based guidelines for treating certain injuries. If it can be scientifically proven that surgery is the adequate treatment for your injury then the medical care benefits should cover the costs of your surgery.
Can I receive permanent disability benefits?
Under permanent disability benefits, there is permanent partial disability benefits, which are usually received if you had surgery for your work-related injury. If you received surgery for your back injury from work, then you may be entitled to these permanent partial disability benefits, which can be determined based on the date of your injury, your doctor’s determination of how much your disability affects your work, and your disability in a percentage. All these factors will help a disability evaluator determine how much in benefits you can receive. One example given by California’s Department of Industrial Relations for how much one can receive for permanent disability benefits is when someone amputated their index finger at the middle joint in 2014, they received $9,932.50 in total.
Can I get fired for getting back surgery?
The worker’s compensation program also protects employees from losing their job because of exercising their rights under these laws. It is illegal for your employer to fire you or punish you for having a job related injury or from filing a workers’ compensation claim. On top of this, the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) both may allow for you to take time off from your job in order to address your serious medical condition. Under these laws you may be permitted to take up to 12 weeks of unpaid leave with the guarantee that you will have your job when you return. These laws also prohibit any retaliation from your employers, so your employer cannot fire you for trying to take these unpaid leaves. If any of your rights have been violated under these laws, you need to pick up the phone and call one of our lawyers immediately to get help filing a lawsuit against your employer. Time is of the essence because the statue to limitations for an FMLA case is two years and for a CFRA case is one year.
If you were fired after you had back surgery from an injury from work, then you were wrongfully terminated. In order to prove you have a wrongful termination case because of seeking workers’ compensation benefits you must show you were eligible for the benefits, that had filed or started the process of filing a workers’ compensation claim, your employer terminated you, and that the termination was based on your notion to file a workers’ compensation claim. There may also be a way to file a lawsuit against your employer if you never filed a workers’ compensation claim but your employer knew you were planning on it and quickly retaliated before you could. Our workers’ compensation or wrongful termination attorneys will take a look at your case to help you see what your possible remedies are. If your employer fired you because you were not able to recover fast enough from your surgery, then this too may be a violation of your rights under the Americans with Disabilities Act (ADA). The ADA covers employees at companies with 15 or more employees and as part of a reasonable accommodation, your employer may be obligated to allow for you to take time off to recover or address issues regarding your surgery or disability. Any kind of retaliation for exercising your rights under this law is also prohibited, and if you were fired for it, then you have a wrongful termination case.
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The Department of California Industrial Relations even admits that the policies and procedures that surround workers’ compensation are complicated. If you need help navigating through this maze of laws regarding your back injury and surgery, one of our workers’ compensation lawyers will be happy to help. Or if you find yourself lost in the crowd of the many other laws that affect you, then our lawyers can assist you with this as well. Give us a call to schedule your free consultation, or come in to our office and meet with one of our wrongful termination, disability, or workers’ compensation attorneys. The staff at California Labor Law Employment Attorneys Group will introduce you to some of the top attorneys in Los Angeles. If it has been determined that you want to pursue a lawsuit against your employer, our attorneys will represent you free of charge. Our zero-fee guarantee promises there will be no upfront fees. We will only charge you a small fee if your case is won. Moreover, if you has already consulted with an attorney but are looking for a second opinion, look no further. Our lawyers will gladly give you a free second opinion on your case. Now is your chance to work with some of the most trusted lawyer in Los Angeles.