As a California employee, you are entitled to workers’ compensation benefits. All employers are required to pay a workers’ compensation insurance so that in case of an on the job injury, you are able to collect workers’ compensation benefits. This is not an insurance that you have to pay. While this is solely in the hands of your employer, who is responsible for making sure you are covered, that does not mean there are unlawful employers out there who avoid paying for this insurance, do not adhere to the laws surrounding it, or enact illegal activity when an employee tries to file a workers’ compensation claim. In order to try and combat this misconduct, you will want to speak to one our employment lawyers here at California Labor Law Employment Attorneys Group.
It is illegal for your employer to fire you after you tell them you intend to file a workers’ compensation claim. California’s Labor Code Section 132(a) is an anti-retaliation provision, and any violation of this policy warrants a wrongful termination lawsuit. The labor code specifies that there should not be discrimination against workers who were injured at work. It is a misdemeanor for an employer to discharge or threaten to discharge an employee because they have filed a workers’ compensation claim or have expressed their intent to file one. It is even stated that if an employee is discriminated against in one of these ways, then they are entitled to an increase in salary by half, but no more than $10,000. The employee is also entitled to job reinstatement and any lost wages and work benefits. Have your rights under this law been violated? If your employer is not providing the benefits you are entitled to, then it’s time to talk with one of our employment attorneys to make sure you get what is rightfully yours.
Workers’ Compensation Lawyer
Rest assured that the law is on your side and that you do not need to be afraid to file a claim from workers’ compensation or a claim against your unlawful employer who has withheld any workers’ compensation rights. Under Labor Code Section 132(a) you are also protected from retaliation if you go to court and testify or make it known your intent to testify. If you’re subject to any illegal behavior from your employer regarding this, then our lawyers will make sure they are charged with a misdemeanor.
Workers’ Compensation Benefits
It’s important to know what you are entitled to under the workers’ compensation system so that you can determine if your employer is committing illegal behavior that may impact you. Workers’ compensation benefits are wage replacement and medical benefits provided to employees that have been injured at work. There are several different types of benefits that include: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits. Examples of the monetary value of workers’ compensation benefits are: in 2016, the maximum weekly temporary disability benefit was $1,128.43; supplemental job displacement benefits for accidents occurring after 2013 is $6,000; death benefits from accidents that happened in 2006 or later can be up to $320,000. Your right to workers’ compensation benefits only last 30 days after the date of the incident, so make sure you take advantage of these benefits in a timely fashion.
In order to file a workers’ compensation claim, you must fill out a Workers’ Compensation Claim Form. Your employer has one day after you have reported your injury or illness to provide this form for you. Once you and your employer have signed the form a claims administrator, which is someone who usually works for an insurance company, must decided whether to accept or deny the claim. If your claim does get denied, then you have the right to challenge that decision. If your claim is accepted, then you will receive medical care for your injury along with any other kinds of payments to make up for lost wages.
If you’ve been accepted for workers’ compensation benefits but your employer has retaliated by demoting or firing you, then you need speak with one of our workers’ compensation lawyers. It is your legal right to receive workers’ compensation benefits if it’s been determined you injury or illness I job related, do not let that be taken away from you.
Other ways in which you may be able to receive benefits for your injury that occurred at work are through State Disability Insurance or Social Security Disability Insurance. State Disability Insurance is usually provided to workers who have a non-work related injury or illness. However, there are times when a work related injury may qualify you for State Disability Insurance as well as workers’ compensation. If your injury has caused a long term medical condition you may be able to file for disability insurance through California’s Employment Development Department (EDD). If for some reason, your workers’ compensation benefits are delayed or denied, you may be able to receive disability insurance. Moreover, if your weekly workers’ compensation benefits are less than your disability insurance, then it’s possible you can receive the difference. The EDD states that if there is a disagreement about workers’ compensation benefits between you and your employer or the employer’s insurance, then you can file an appeal.
There are also possible ways of receiving both workers’ compensation and Social Security Disability Insurance (SSDI). To qualify to SSDI, it must be determined that you are totally disabled, in the sense that you no longer are able to perform any work that you have performed in the past and lasts at least a year. The only caveat for receiving both workers’ compensation and SSDI is that the total cannot add up to more than 80% of what your income was before the injury. You should also be tactful in when you file for either claim. One of our workers’ compensation and Social Security Disability lawyers at California Labor Law Employment Attorneys Group can advise you on the best route to take in order to maximize your benefits.
I was injured on the job, what are my rights?
If your injury or illness from work has created a long term disability, then there are several laws that protect you from discrimination. The Americans with Disability Act (ADA) prohibits discrimination against a disability in all areas of public life, including work, school, transportation, and other areas that are open to the general public. Under the ADA, your employer is obligated to provide reasonable accommodations for your disability as long as it does not cause undue hardship to them. The California Fair Employment and Housing Act (FEHA) also protects you from disability discrimination and covers employees at companies with 5 or more workers, while the ADA covers employees at companies with 15 or more workers. You may be covered under both laws. Both laws also prohibit any retaliation from employers, so if you have been retaliated against for enacting any of your rights under these laws, you need to work with one of our lawyers to file charges against your employer. Remedies for employment discrimination cases are on a case-to-case basis, but may include compensatory and punitive damages.
Free Consultation and Zero Fee Guarantee
While we can’t always protect ourselves from an injury or illness, we can protect our rights from being infringed upon. Make sure you are taking steps to recover any lost rights be coming in to our office for a free consultation. One of our expert workers’ compensation lawyers can help you determine what to do to receive benefits and reprimand employers that illegally withhold benefits from you. You must also protect your job security. If you’ve been wrongfully terminated after seeking benefits, one of our lawyers will help you file a lawsuit against your employer. We offer a zero fee guarantee so that money does not have to be a factor in taking control of your employment rights. We will not charge you anything to take on your case. If we win your case, there will be a small contingency fee. If you are already working with a lawyer, you can still come in for a free second opinion because your health and your job are two very important parts of your life and we want to show prove you can feel safe with your case in our hands.