Workers’ Compensation: Who Provides Coverage For My Employer? What Happens if My Employer Doesn’t Carry?
Many employers in the United States are required to carry workers’ compensation coverage. This is a type of insurance available to employees that provides benefits to employees that suffer work-related injuries or illnesses. However, you may want to know more about what workers’ compensation covers. As long as an injury or illness is job-related, it will be covered under this insurance. Covered injuries range anywhere from sudden accidents to injuries that happen over time. When it comes to what compensation doesn’t cover, you will see things like injuries caused by intoxication, self-infliction, and injuries from an employee fight, felony-related injuries, injuries suffered off the job, and more. The biggest thing about workers’ compensation is that employers will gain protection from lawsuits by injuries employees when an employee takes the option of receiving benefits. However, an employer should note that they are not protected from each and every lawsuit that is related to injuries. The exceptions are limited but include an employee becoming injured due to extremely reckless conditions or when a defective piece of equipment is being used, an employer knew it, and didn’t do anything about it. In this case, an employee may be able to sue for punitive damages, which are meant to punish the employer and pain and suffering. What Responsibilities Does an Employer Have Regarding Workers’ Compensation? Employers Must Carry Workers’ Compensation Insurance: Employees can file a lawsuit if a business lacks workers’ compensation coverage even though it was a requirement. California has its own Uninsured Employers Benefits Trust Fund to take care of some of these matters. Employers Must Post Notices and Legal Rights: These notices must be posted in a convenient location for all to view. Information regarding rights should be shared, including the name of the company’s workers’ compensation carrier, a statement that injured workers have the right to receive medical treatment, and give details about available workers’ compensation benefits. New hires should always be told about these postings. Employers Must Provide Claim Forms to Injured Employees: A claim form should be provided within 24 hours of receiving notice of the injury. Employee’s rights under workers’ compensation should also be shared. Benefit information will be given to an employee so they know exactly what steps to take (DelPo). So what happens if you work somewhere like a small restaurant and you slip and break your arm? You’re told that you need surgery except for the fact that, when you report your injury, you are told that the restaurant does not carry this type of insurance. In California like most states, employers of a certain size are always required to carry workers’ compensation. Many states will allow employees to sue their employers in court when they do not carry. You may be able to seek the full amount of your losses instead of a cap being set by law. However, you may find that you need to go through a much slower process when receiving your benefits (Barreiro). How can I find out who provides workers’ compensation coverage for my employer or another business in California? Employers have a lot to think about in California – it is a necessity to either purchase a workers’ compensation insurance policy, or become self-insured. The Division of Workers’ Compensation (DWC) does not maintain information about employers and their respective insurers. However, you can visit the California Workers’ Compensation Coverage website at www.caworkcompcoverage.com. (SoC). Have you been injured in the workplace and wonder what your next steps should be? Your employer may carry Workers’ Compensation benefits, which will work in your favor and get you the compensation you deserve for your injuries. Workers’ comp laws can be extremely complex and so it is in your best interest to have an attorney on your side through the process. Call The RAWA Law Group for more information. Works Cited: Amy DelPo. Nolo, 2015. Web. Accessed Dec 27, 2015. https://www.nolo.com/legal-encyclopedia/workers-compensation-basics-employers-30333.html Sachi Barreiro. Nolo, 2015. Web. Accessed Dec 27, 2015. https://www.nolo.com/legal-encyclopedia/what-should-i-employer-doesn-t-workers-compensation-insurance.html SoC. State of California: Department of Industrial Relations, 2015. Web. Accessed Dec 27, 2015. https://www.dir.ca.gov/dwc/wcfaqiw.html
DFEH-187 Hate Violence
It is a known rule that employees that commit hate crimes against coworkers will be subject to termination. Hate crimes are where certain aspects of a person fall under scrutiny, such as the victim’s skin color, race, religion, gender, sexual orientation, or disability. Hate crimes can bring about very serious penalties of up to as much as a 10-year prison sentence; however, this applies if the crime involved includes bodily injury (Charpentier). Hate crimes can happen toward anybody and from anyone. It is even true that an employer may act out and commit a hate crime against an employee. If this happens, you may wonder where you can turn and what options you might have. Luckily, something known as the Ralph Civil Rights Act comes into play and protects workers against hate crimes and exposes violators to criminal penalties. This is found under California Civil Code section 51.7. But where does the important Department of Fair Employment and Housing (DFEH) come into all this? They work to enforce the California civil laws that prohibit hate violence by taking the following actions: Investigating complaints Prosecuting violations of the law Educating California residents about the laws prohibiting hate violence, harassment, and discrimination by providing written materials and participating in seminars and conferences The DFEH holds a higher mission to protect the people of California from things like unlawful discrimination in employment. They also help with housing and public accommodations and guide against the perpetration of acts of hate violence and the consequences it can cause for many. The DFEH recognizes that you, as an employee, have protections under the law. You are protected from violent things like threats of a verbal or written manner, physical assault or attempted assault, or vandalism to your property. How Do You File a Complaint? Use the DFEH-187 Brochure: Show the California brochure to your attorney, the police, or a government agency when there is an issue that needs immediate attention. Report Violent Acts: You should go to the police with any information on connections between the violent threat and any hate crime characteristic. File a Complaint: You can file a complaint with DFEH or the courts. However, keep in mind that a DFEH complaint must be filed within one year from the date the victim becomes aware of the perpetrator’s identity, but it can be no more than three years from the date of harm. What are Some Remedies? Restraining Order: You may receive a restraining order against the party from the court. If the person violates the order, they can be fined or jailed. Actual Monetary Damages: These damages include things like the cost of medical treatment, lost wages, property repair, and emotional suffering costs. Punitive Damages: These damages come into play when a court orders additional damages to punish violators and deter them from committing the same crime in the future. Civil Penalties: The Fair Employment and Housing Commission may order a fine to be awarded to the person that filed the complaint. Attorney’s Fees: A court may order payment of the complainant’s attorney’s fees that result from the lawsuit actions (DFEH). If you have fallen victim to a hate crime brought on by an employer or another employee, there may be some steps you have to take to make sure that you get the rights and benefits you deserve. This is why it is a good idea to have a trusted attorney on your side throughout the process. Call The RAWA Law Group today for more information call us at 844-444-1400. Works Cited: Charpentier. AzCentral, 2015. Web. Accessed Dec 29, 2015. https://yourbusiness.azcentral.com/can-legally-fire-employee-commits-hate-crime-against-another-employee-23567.html DFEH. Department of Fair Employment and Housing, 2015. Web. Accessed Dec 29, 2015. https://www.dfeh.ca.gov/res/docs/Publications/DFEH-187.pdf Ralph Civil Rights Act – https://cms.portal.ca.gov/dfeh/SiteEdit.aspx?p=3425
DFEH-184 Disability Discrimination
The Americans with Disabilities Act (ADA) applies to those who are considered disabled when they are thought to have a physical or mental impairment that limits what the ADA calls a “major life activity.” These activities are basic components of someone’s life that include walking, talking, seeing, and learning. If somebody is not able to complete these tasks because they have impairments, then they are considered to be disabled. Most common examples of disabilities include things like wheelchair confinement, reliance on assistive devices like canes and walkers, blindness, deafness, a learning disability, and certain kinds of mental illness. So the question is: What if you are being discriminated against in the workplace due to the fact that you have a disability? The Fair Employment and Housing Act (FEHA) prohibits employment discrimination and harassment based on a person’s disability and will prohibit retaliation for exercising rights. The law also accommodates individuals with disabilities unless the employer can show that doing so would create hardship. Disability doesn’t refer to things like sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or substance abuse disorders resulting from current use of illegal drugs. FEHA prohibits the following things: Employers may not require any medical/psychological examination/inquiry of any applicant or employee prior to making an offer of employment. An employer cannot inquire directly or indirectly as to whether an applicant or employee has a mental/physical disability or medical condition. An employer cannot inquire about the nature and severity of a mental/physical disability or medical condition. What is reasonable accommodation and when does it come into play? An employer should reasonably accommodate an employee or potential employee by taking all means necessary. The employer is required to interact with the employee and gather as much information as they can to aid them in the process of employment before they make a decision to reject the person for a job or any other important decision. An accommodation is a reasonable action if it doesn’t impose a hardship onto the employer’s business. This could include changing job duties or work hours, providing leave, relocating the work area, or providing mechanical or electrical aids. What should you do if workplace discrimination takes place? Within one year of discrimination taking place, an employee or job applicant can file a complaint with the DFEH by calling (800) 884-1648 FREE. The DFEH serves as a fact-finder and will attempt to help parties resolve their dispute. If there is sufficient evidence that discrimination took place, then the DFEH can file a lawsuit in civil court on behalf of the complaining party. Remedies can be made if discrimination occurs, such as hiring or reinstatement, back pay, promotion, changes in policies, damages for emotional distress, punitive damages, and reasonable attorney’s feed and costs. Here are things that are not discriminatory: The person is not able to perform essential job functions. The person would create a danger to self or others by performing the job and no reasonable accommodation exists that would remove or reduce the danger (DFEH). If you have fallen victim to workplace discrimination, you may have a case. You should know that, if you are discriminated or retaliated against, you can always seek the legal help of an attorney before you make any decisions to move forth with certain actions. You can call The RAWA Law Group today to speak to a trusted attorney about your case. Works Cited: DFEH. Department of Fair Employment & Housing, 2015. Web. Accessed Dec 23, 2015. https://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-184.pdf FindLaw. FindLaw, 2015. Web. Accessed Dec 23, 2015. https://civilrights.findlaw.com/discrimination/the-americans-with-disabilities-act-overview.html
What Workers’ Compensation Resources are Available to me?
Have you been injured on-the-job and wonder what resources are available to you? In California, there may be many options and steps that you can take to make sure that you get the compensation that you deserve. It is important to understand the laws regarding workers’ compensation, as they can be extremely complex and when it comes down to it, you will rely on the coverage for bills and other means of life when you are unable to work. Workers’ compensation can help you recover, pay your bills, and get back to work when necessary and able. However, you may need guidance along the way, which is why it is a good idea to speak to an attorney that understands the complex laws regarding the system. Besides your attorney, there are also some other useful resources you may need. There are industries with specific laws to provide for employee injuries. These resources can help you learn about the claims process and get the benefits you are in need of: Office of Workers’ Compensation Programs: This office, owned by the Department of Labor, administers four major disability compensation programs. Under these programs, several things are provided like replacement benefits, medical treatment, vocational rehabilitation, and more. Division of Federal Employees’ Compensation: This department handles workers’ compensation coverage for 3 million federal and postal workers around the world. Division of Energy Employees Occupational Illness Compensation: They handle workers’ compensation and medical benefits for employees of the Department of Energy. This includes its agencies, contractors, subcontractors, and more. Division of Longshore and Harbor Workers’ Compensation: This organization works to ensure that workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act are paid promptly and properly. National Council of Compensation Insurance: The NCCI just so happens to be one of the nation’s most comprehensive sources of important information dealing with workers’ compensation insurance. This includes statistics and industry trends. Along with that, there are many different things that you may be eligible for. For instance, you may want to know about the Internal Revenue Service (IRS) Workers’ Compensation Tax Status, which shows that workers’ comp is usually always exempt from taxation by the IRS with a small benefit reduction exception. You may also want to know about Social Security Disability and how you can claim it, if you feel like your disability will prevent you from working and will last longer than a year. You may also be eligible for unemployment insurance, which is for when your former employer has no work for you and you haven’t been able to find work that you are able to do. In California, you have state-specific resources as well. You may have something known as a local I&A office, which is an information and assistance unit that will give you resources and free services. They may not be there to act on behalf of you like an attorney would, but they will still show you how to act on your own. A local DWC office can also give you a full explanation of workers’ compensation benefits, your rights, and your responsibilities. You can speak to any of these people privately (SoC). Consult an attorney that you can trust at RAWA Law Group. Works Cited: SoC. State of California: Department of Industrial Relations, 2015. Web. Accessed Dec 22, 2015. https://www.dir.ca.gov/dwc/wcfaqiw.htmlFi