What is Section 132a?
Have you become injured in a personal injury accident in the workplace but stumbled across a few issues? Perhaps one of these issues was regarding your employer and discrimination you may face in the workplace. Were you told that you could lose your job due to your injury? Were you wrongfully terminated? Now you can find out more about this code and what it entails – and also, how it can help you and your case. Specific Code Section 132a states, “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.” But, again, what does this entail? The code works to protect those who are fearful of losing their employment based on an injury they have received in its course. Section 1 states its protection against “any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation,” dealing with workers’ compensation and injuries (Onecle). Understanding How 132a Works Let’s consider a situation in which you are injured on-the-job. Perhaps an employer pushed you to work hard on a project above your skill level and didn’t give you the proper precautions necessary to tackle the work safely. Or, perhaps you weren’t supplied with the right equipment. If you have become injured and filed for workers’ compensation, your employer will not be able to discriminate against you. This means that they cannot discharge you or even so much make a threat of discharge against you just because you were injured at the workplace. What happens if you just so happen to be discriminated against anyway? You will be entitled to a penalty that should not exceed $10,000. You will also be entitled to reinstatement and reimbursement regarding lost wages and work benefits (Ryu). Public Policy, Discrimination, and Retaliation Further Explained A violation of public policy involves firing an employee for reasons that are illegitimate grounds for termination. Some states will work to protect employees from being fired for specific reasons. It is policy that employers cannot fire you because you exercised a legal right, such as filing a workers’ compensation claim or reporting a violation of the Occupational Safety and Heath Act (OSHA). As far as discrimination in the workplace is concerned, it is highly illegal. If you believe you were fired because of race, gender, pregnancy, or any other reason, it is in your best interest to speak to an attorney. The case is the same with being fired due to an injury you sustained at the workplace. You should always be aware of your state’s specific statute of limitations when it comes to applying for discrimination claims. Retaliation is another general issue. Employers are forbidden from retaliating against an employee who has engaged in a legally protected activity; and in this case, applying for workers’ compensation is legally protected. You must be able to prove that doing the activity caused your employer to act. This means, if you were reprimanded right after your employer found out about the workers’ compensation claim, you may have a case (Repa). If you were injured on the job, seeking workers’ compensation may be your best bet. However, where do you turn if an employer is discriminating against you due to your claim? You can call an attorney that you trust. At RAWA Law Group, we will work with you to use our experience and meet your needs. Call today for a free consultation. Works Cited: Onecle. Onecle, 2015. Web. Accessed Nov 1, 2015. https://law.onecle.com/california/labor/132a.html Eugene Ryu. Littler, 2012. Web. Accessed Nov 1, 2015. https://www.littler.com/california-workers-compensation-statute-held-not-support-common-law-tort-claim Barbara Kate Repa. Nolo, 2015. Web. Accessed Nov 1, 2015. https://www.nolo.com/legal-encyclopedia/wrongful-termination-was-firing-illegal-32282.html
What Are My Options if I Was Permanently Disabled After an Accident at My Workplace and Can’t Provide For My Family?
[one_third] Were you working on-the-job and ended up becoming permanently injured due to an accident? If the injury took place at work or happened while completely work tasks, you may be eligible for permanent disability benefits through workers’ compensation. If you have a lasting injury that qualifies for medical treatment throughout your lifetime, you will need a way to provide for your family. In your time of need, you can turn to various benefit options. How Do I Find Out If I Apply for Short-Term or Long-Term Disability Insurance Benefits? Do you pay for premiums through your workplace? If so, you could be eligible for either depending on the circumstances. However, if you are seeking long-term benefits, there are processes you will need to go through and a waiting period of 60 to 720 days. Long-term disability can replace a portion of your wages for up to five years or age 65, however, permanent disability lasts for the remainder of your life if this is a better option for you. Am I Eligible For Permanent Disability? You must first be able to show that your injury happened at work or because of your work to qualify. Consider a situation in which you were at an offsite business meeting on work hours or picking up something for your employer at their discretion – this could be considered on-the-job and you would, in fact, be eligible. If you have an injury sustained from exposure to something like asbestos and your medical condition doesn’t surface right away but rather over an amount of time, you could still qualify. However, there are exceptions at times. For instance, using drugs, engaging in horseplay, or violating policies would possibly get you denied for permanent disability benefits. There are more considerations to keep in mind when apply for permanent disability benefits. For instance, you will need to have reached a consistent point in your recovery – this means that, if your condition is not expected to improve with treatment, you could get benefits. This is called “maximal medical improvement” or MMI. A doctor may tell you that you have reached MMI anywhere from a month to two or three years after the injury has occurred. When you have reached this point, you will no longer receive temporary disability benefits and the workers’ comp carrier will assess whether or not you have lasting impairments and cannot return to work. The truth of the matter is that it may be difficult to make a determination of if you have a permanent disability or not. Some injuries that happen on-the-job will leave you with obvious impairments, while others will not. You will be compensated on things that you have a limitation on possibly for the rest of your life, such as injuring your back from years of heavy lifting. If you have a lasting impairment that will limit your ability to compete in the job market, you should get monetary compensation to make up for it. You should contact a workers’ compensation lawyer on any occasion, and especially if you workers’ comp insurance agency says that you aren’t owed permanent disability due to the fact that you don’t have any lasting impairments. You are entitled to certain rights that you deserve! Contact RAWA Law Group today for more information.
What Settlement Options Might I Be Entitled to Under Workers’ Compensation Benefits?
Have you been injured or fallen ill due to conditions at your workplace? Then you may be entitled to workers’ compensation benefits, which is an insurance program that provides payments to employees who have suffered at the hands of their job. If you are eligible, you will be able to receive compensation for things like lost work and medical bills. However, you may wonder what happens in the settlement process and what you should look forward to. Now you can find out! Pros of Accepting Settlements If you received a settlement with your workers’ compensation insurance agency, you can either accept or deny the settlement. If you choose to deny, this doesn’t mean it’s the end of the line for you. For instance, you will still be able to accept what the insurance company is offering and take weekly permanent disability payments. This lasts for as long as the insurance company has indicated it will pay you. You could also proceed to hearing or trial with the insurance company, which can lead to attempting to get higher weekly payments or a higher lump-sum payment. Leaving it in the hands of a judge may not be your best option, however. If the case goes to trial, the judge could end up paying you less than the insurance company was offering. Settlement will guarantee you the benefits without risk of going to trial and losing out massively. If you win at trial, you will not be able to receive a lump sum payment; instead you will be limited to receiving weekly payments for a number of weeks or even years. If you accept settlement, you can look forward to the fact that it saves you the time it takes to wait for a hearing and the hassle of anxiety of attending a hearing. You will also be able to receive money from the insurance company even though you give up all rights to future benefits. You may never use these future benefits so it may not pose much of an issue. Cons of Accepting Settlements You will be able to give up your right to future medical treatment for your injury in many states. However, if there is a chance that you may need expensive medical treatments or surgery in the future, you may not want to waive this right by settling. Another disadvantage may be that the settlement money might be spent right away. This could mean that there will be no weekly payments to help with the possibility of lower wages in the future. What Happens if You Are on Permanent Total Disability? If you are on permanent total disability, it may be difficult to value your settlement due to the fact that your benefits may continue for decades. This means that, if someone is going to value your settlement, they need to keep in mind that there is a present value of your future entitlement to benefits. This is where “present value” comes into play, which is a financial concept that involves determining the value of a future stream of income. It is taken into consideration as if it were all in the bank account to this day. Official Judge’s Review of Your Settlement A workers’ compensation judge will have to approve of your settlement before it becomes official in mostly all states. This takes place at an informal conference and you can choose to be represented by a workers’ comp lawyer. If you have no lawyer, the judge might make attempts to make sure a settlement is fair to you. However, the judge might not know your medical history and may be limited to help you. Because of this, you may want to speak with an experienced attorney. If you need the assistance of an attorney that understands complex workers’ compensation law, you may want to contact RAWA Law Group. We will be able to help you with all of your needs throughout the process. There are pros and cons to accepting settlements that you may need to be aware of. Find out more now!
What is FMLA?
Do you have a serious medical condition? Are you about to give birth to your child? Then you may want to know a bit about FMLA and whom it covers. FMLA is the Family and Medical Leave Act. This is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year without having to worry about losing their job. It also makes a requirement that employers covered by the law maintain health benefits for eligible workers that acts in place of the job. Am I Eligible? Public agencies on State, Federal, and Local levels must follow FMLA rules, as well as all schools. FMLA also applied to employers who have employed 50 or more employees for at least 20 workweeks during this year or the previous year as far as private employers are concerned. However, there are some things to keep in mind. First of all, the employee must have worked for a covered employer and for a period of 12 months (at least 1,250 hours). Also, the employee’s job must take place at a location where at least 50 employees are working. The FMLA requires you to have a serious health condition before you consider your leave. This is divided into six categories. The categories include inpatient care, incapacity for more than three days with continuing treatment by a healthcare provider, incapacity relating to pregnancy or prenatal care, chronic serious health conditions, permanent incapacity, and certain conditions requiring multiple treatments. Here are these conditions explained further: Inpatient Care: These are conditions that require a stay at a hospital or other healthcare residencies. Incapacity For More Than Three Days Plus Continuing Treatment: A person incapacitated for more than three days (consecutive) may apply. Pregnancy or Prenatal Care: If a pregnant woman is unable to work or perform daily activities due to pregnancy, this counts as a health condition. This leave can also be used for routine check-ups like a visit to the doctor for standard prenatal care. Chronic Serious Health Conditions: This would apply to an ongoing impairment. The condition counts if the employee requires periodic treatment visits, the condition continues over an extended period of time, and the condition may cause episodic incapacity. Permanent or Long-Term Incapacity: An employee that is incapacitated permanently is covered as long as they are under the supervision of a health care provider. Multiple Treatments: If an employee misses work for multiple treatments, they are covered if treatments are for restorative surgery after an accident or injury, or a condition that would require an absence of more than three days if not treated. Limitations on FMLA Leave An employer cannot restrict your actions during your FMLA leave. However, if the original reason for needing leave no longer exists, or if your lied about the reasons for your leave, this will no longer apply. To go along with that, your leave may be cut short if you fail to provide medical certification of your serious condition. There are also conditions not covered by FMLA. Every patient is different, of course – somebody may suffer more from pneumonia or bronchitis than another patient would. Somebody with a bad cough for a couple of days may not warrant an excuse, but somebody who spends a few days in the hospital certainly would. Colds and flus, earaches, upset stomachs, headaches, and routine dental issues are not covered. An employer will need to know the reasons behind a particular health condition to make an assessment. If you believe you have a case due to the fact that you were denied off of leave from work, you may want to speak to an experienced attorney. If you had a very serious health condition that absolutely required time off, then it is only fair that you be able to take time recovering. Call RAWA today to schedule a consultation and speak to an attorney that you can trust.
Safety Regulations Violated by Employers
My Employer Ignored Safety Regulations and Now I Am Unable to Work and Care For My Family, What Can I Do? In December of 2011, 28-year-old Daniel Collazo died after he became caught in rotating screws that blend the hummus at the plant he worked for. His arms and part of his head were crushed as the blades kept turning and he passed on the way to the hospital in the back of an ambulance. If the plant had practiced a safety standard known as “lock out/tag out” to cut power to industrial machinery before cleaning them, the accident would have never happened. A spokesman for the Occupational Safety and Health Administration (OSHA) was quoted as saying, “It should not take an OSHA inspection and large penalties…and the loss of a worker’s life, to compel an employer to adhere to workplace safety and health standards (Woolhouse).” What would you do in a situation where you were injured at work due to ignored safety regulations and aren’t able to work any longer? The OSHA takes action to prevent workers from being killed or seriously harmed at work through the Occupational Safety and Health Act of 1970. It is required by law that all employers provide employees with working conditions that are free of dangers. The law also states that workers are able to file a complaint against a workplace and employer if they believe that the employer is not following OSHA standards. OSHA provides all workers with a right to ask OSHA to inspect a workplace, use rights without retaliation or discrimination, receive information and training about hazards, and get copies of test results done to find hazards in said workplace. All workplace conditions are to be made to conform to applicable OSHA standards. More prevention methods are being instilled along the way. For instance, OSHA citations should always be posted at or near the work area involved with taking caution and due care. These citations must remain posted until the violation is corrected or for three working days otherwise. OSHA also encourages all employers to adopt a program known as the Injury and Illness Prevention Program. These prevention programs are put in place to reduce the number and severity of workplace injuries and to decrease financial burdens on U.S. workplaces (OSHA). What To Do About Safety Hazards Do you feel like you are in imminent danger in your workplace setting? Then, the first step you could take is the OSHA report direction. Otherwise, you have the right to refuse work. You are able to make a work refusal if there is reasonable and good faith belief that a condition in the workplace could case you harm like serious physical injury or even death. You can also refuse work if the employer won’t fix the condition or if you did not have a reasonable alternative. The refusal can continue until the employer fixes the danger or investigates and makes a determination of whether or not the danger exists any longer (FindLaw). You may choose to sue an employer for your injuries sustained in the workplace, especially if you are out of work because of it. If you don’t want to take the direction of a lawsuit, however, you can always file for workers’ compensation. Workers’ compensation is designed to protect employees who are injured or become ill as a result of their job. Through this benefits program, you will no longer be able to file a lawsuit, but you will receive the compensation you deserve for things like medical costs and lost wages (Raasch). You will always have a right to file for workers’ compensation if you have become injured, especially due to unsafe conditions. You also have the right to see a doctor and pursue medical treatment as well as receive some type of disability compensation if you are injured permanently and will not be able to return to work (Landers). If you or someone you loved has been seriously injury at the workplace, contact RAWA Law Group to learn how we can help you. Works Cited Megan Woolhouse. Business, 2014. Web. Accessed Nov 5, 2015. https://www.bostonglobe.com/business/2014/05/21/worker-death-hummus-maker-willfully-ignored-safety-stands-osha-says/OxFU0kIuBY9R0dBuyF8t0I/story.html OSHA. Occupational Safety & Health Administration, 2015. Web. Accessed Nov 5, 2015. https://www.osha.gov/workers/index.html https://www.osha.gov/as/opa/worker/employer-responsibility.html FindLaw. Thomson Reuters, 2015. Web. Accessed Nov 5, 2015. https://employment.findlaw.com/workplace-safety/protecting-yourself-from-unsafe-working-conditions.html Janet Raasch. Lawyers.com, 2013. Web. Accessed Nov 5, 2015. https://blogs.lawyers.com/2013/06/suing-your-employer-for-workplace-injury/ David Landers. Nolo, 2015. Web. Accessed Nov 5, 2015. https://www.nolo.com/legal-encyclopedia/i-was-injured-work-what-my-legal-rights.html
In What Ways Can an Employee Be Discriminated Against at the Workplace?
There are many ways in which an employer may discriminate against an employee or group of employees based on many factors. The same applies for “outing” applicants for some specific reason. Now you can find out about the various types of discrimination you might see in the workplace and what you can do about it. Types of Workplace Discrimination Age: Age discrimination includes treating somebody, whether an applicant or employee, less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) is in play to forbid age discrimination against people who are age 40 and older. Disability: This type of discrimination occurs when an employer is covered by the Americans with Disabilities Act and yet continues to treat an individual with a disability unfavorably just because of that disability. The law requires reasonable accommodation to these employees, as long as it is within their expenses. Equal Pay/Compensation: Under the Equal Pay Act, it is required that women in the same workplace be given equal pay for equal work. It is illegal to discriminate based on sex in pay and benefits. Genetic Information: It is illegal to discriminate against employees or applicants based on genetic information. This includes things like information about an individual’s genetic tests and the genetic tests of an individual’s family members. Harassment: Harassment is seen as illegal if you are being harassed because of things like race, color, religion, sex, national origin, age, and more. National Origin: This discrimination includes treating people unfavorably because they are from a particular country or part of the world. It can also apply to those who are treated differently or unfairly because of ethnicity or accent. Pregnancy: This involves treating women unfavorably because of pregnancy, childbirth, or a medical condition relating to both. The Pregnancy Discrimination Act (PDA) forbids this discrimination from taking place in any part of the employment process. Race/Color: This includes treating an applicant or employee unfavorably only because they are of a certain race or because of personal characteristics associated with race. Color discrimination involves treating someone badly because of skin color complexion. Religion: This includes treating a person badly because of his or her religious beliefs. This includes people who belong to traditional religions and also others who have sincerely held religious, ethical, or moral beliefs. Retaliation: It is illegal to fire, harass, demote, or otherwise “retaliate” against people because they filed a charge of discrimination. Sex: This involves treating someone unfavorably because of his or her sex. It also includes treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex. Sexual Harassment: It is illegal to harass a person because of the person’s sex as well (USA.gov). What Action Should You Take if You Believe You Are Being Discriminated Against? You should make your employer aware that you feel you are being discriminated against despite if they readily admit it or not. You are always responsible for making sure that your personal rights are protected when an employer will not. However, you should always let the employer know that you are taking the matter seriously by asking that a written report be made every time you report an incident of discrimination or harassment. You should ask for an investigation to be made about the allegations. If you don’t receive a response from your employer, you should consider contacting the federal Equal Employment Opportunity Commission (EEOC). They have a responsibility for overseeing compliance for many federal anti-discrimination and anti-harassment laws (FindLaw). If you believe you need guidance during this time, an attorney will be able to help you sort through the complex laws that apply to the process. You should contact the RAWA Law Group today to retain your rights. Don’t let an employer take you for granted and discriminate against you… Call today! Works Cited USA.gov. U.S. Equal Employment Opportunity Commission, 2015. Web. Accessed Nov 10, 2015. https://www.eeoc.gov/laws/types/ FindLaw. Thomson Reuters, 2015. Web. Accessed Nov 10, 2015. https://employment.findlaw.com/employment-discrimination/dealing-with-discrimination-tips-for-employees.html
I Was Fired From My Job After My Employer Found Out I Was Pregnant. Can I Do Anything About It?
Let’s assume that you have been in a job for a very long time and are over-qualified for a new, higher paying position. Your employer himself is even encouraging you to work toward the promotion in hopes that you would be able to handle the job. However, then you find out that you are pregnant and will be having a baby in seven more months. When you tell your employer, he hires somebody else for the better job immediately and it isn’t you. He then proceeds to treat you differently, even ignoring requests you make. Do you believe there is genuine concern that you were discriminated against for your pregnancy? If you believe you weren’t hired, didn’t get a promotion, were denied benefits in a job, or were fired because of pregnancy – then you may have a discrimination claim. The federal Equal Employment Opportunity Commission (EEOC) receives thousands of charges each year alleging pregnancy discrimination. Pregnancy discrimination is a form of illegal sex discrimination that occurs when an employer treats an applicant or employee differently because of her pregnancy, the childbirth process, or related conditions. At any point during the employment relationship, pregnancy discrimination may occur, although it is incredibly illegal. Pregnant people may not necessarily have special rights; however, it makes it more difficult for employers to treat pregnant employees differently from other employees (Nolo). The Pregnancy Discrimination Act (PDA) actually forbids discrimination based on pregnancy when it comes to any aspect of employment involving job assignments and even things that include health insurance and any other employment condition. When Does Harassment Apply? It is always unlawful to harass an employee for any reasons. However, it is especially unlawful for an employer to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment can create a hostile or offensive work environment. This makes harassment incredibly illegal, and more so when it results in an adverse employment decision such as a firing or demotion. If this can be proven, the employer will be held liable for the way you suffered (USA.gov). How Do I Prove Pregnancy Discrimination? Direct Evidence of Discrimination: If you have evidence, that means that the employer typically admitted to acting with discriminatory intent. If an employer’s decision has relied greatly on your pregnancy, then that is discrimination in action. In most cases, it is more likely to hear an employer outright tell somebody that pregnancy was a factor in a decision that it is for an employer to admit that they were racist. Circumstantial Evidence of Discrimination: Even if discrimination is not admitted, you may still have evidence to prove it. Circumstantial evidence will typically consist of proof that the employer deviated from its usual practices or policies, acted in a way that doesn’t necessarily make sense, or changed behavior. Timing is unbelievably crucial in pregnancy discrimination cases. If you were treated differently starting with when the employer discovered your pregnancy, this could be a basis for the discrimination (Nolo). So, where do you turn next if you believe that discrimination was at play? You should first speak with an experienced attorney. At Rawa Law Group our legal team take the necessary steps to end the discrimination and help you keep your job if you are still employed, we know the law and your rights. Your attorney will help you file a lawsuit and get through the process. This is why you should call the RAWA Law Group to 844-444-1400 and talk about your options, you can also fill out our online contact form to schedule a consultation. Works Cited: Nolo. Nolo, 2015. Web. Accessed Nov 11, 2015. https://www.nolo.com/legal-encyclopedia/pregnancy-discrimination-lawsuits-what-you-have-prove.html USA.gov. U.S. Equal Employment Opportunity Commission, 2015. Web. Accessed Nov 11, 2015. Accessed today. https://www.eeoc.gov/laws/types/pregnancy.cfm
I Was Injured In a Car Accident While Delivering Packages For my Employer
Who Was Responsible For my Injuries? My Employer or the Driver? What happens if you are a driver for a package delivery service and you’re on the road most of your workday? Say, then, you get into an car accident with another vehicle that was responsible for said accident? As a result, you obtain back problems and have to miss many extra days at work for the injuries. Where do you turn? How do you know who was responsible – the other driver or your employer, since you were on-the-job at the time of the injury? What Does “On the Job” Really Mean? Almost all states make it a requirement that you be “on the job” when your injury occurs to be able to receive workers’ compensation benefits. Were you injured at your place of work? Then you were definitely “on the job.” However, there are many other situations that may apply as well. For instance, if you were making deliveries for work, that is considered to be “on the job,” too! That means that your injury will apply. Other situations that apply are running an errand for your boss or employer, transporting other employees, driving for a living, traveling for work with no fixed office, and being paid by your employer for travel time to or from your home. If you were just going to and from work, then you will not be able to receive benefits. However, if you were making deliveries in light of your work, then you certainly can (Landers). What Is Employer Negligence? A company has a duty to hire somebody reasonable to be a safe driver for the company – and if they refuse to do so, then negligence may be involved. If an employee is to be driving a commercial vehicle, then the employer should always check to make sure that the employee has a commercial driver’s license. If the driver’s license was suspended or taken, then they should think twice. There is also something known as Negligent Supervision, which is having reasonable safety policies in place and making sure that all drivers comply with safety laws. If an employer isn’t checking to make sure that standards are being followed on certain levels, then there is an issue at hand. If an employee is failing to take reasonable care on the job and an employer knows this, then the employer could be held liable for negligence in light of an accident arising (AllLaw). If An Accident Occurs, Can I Bring Both a Workers’ Compensation Claim and a Civil Claim? Usually, you will not have to choose between filing a workers’ compensation claim and filing a civil claim. Yes, you may receive workers’ compensation benefits, but that doesn’t mean you’re only limited to them – you can also look forward to seeking damages from the other driver who caused the car accident. However, if you seek those damages, your employer may have a “lien” against your compensation. This means reimbursement (Landers). If you have become injured on the job due to any duties you were performing, it may be time to seek guidance from an experienced personal injury attorney. You can call RAWA today to get a consultation and start making strides toward the compensation you deserve! Works Cited: David Landers. Nolo, 2015. Web. Accessed Nov 12, 2015. https://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/workers-comp-injury-how-car-accidents-treated AllLaw. AllLaw, 2015. Web. Accessed Nov 12, 2015. https://www.alllaw.com/resources/car-accident-claims/employer-liability.htm
Can I Be Fired From Work For No Reason?
Were you fired from work and your employer didn’t give you any reason why? Do you suspect that it was an wrongful termination? Most forms of employment are seen as “at will,” which means that an employee can typically be fired anytime for no reason, as long as said reason isn’t illegal. However, there can be exceptions to this and you may be able to sue over the termination. Written and Implied Promises Written: Perhaps you received a written contract on-the-job that promises your job security. You may have a contract that states you can only be fired with good cause or reasons stated within the contract. You may be able to enforce promises like these in a court setting. Implied: Implied employment contracts are exceptions to the at will rule as well. Most employers, however, are very careful not to make promises of continued employment. If permanent employment was promised, then you can take the steps necessary to prove this in the court. Courts may look at such aspects as the duration of your employment, the regularity of your job promotions, the history of positive performance, assurances that you would have continuing employment, and if promises of long-term employment were made when you were originally hired. What Are Breaches of Good Faith? If your employer acted in an unfair manner, then you may have a claim for a breach of a duty of good faith and fair dealing. Employers breach the duty of good faith by firing or transferring employees to prevent them from collecting commissions, misleading employees about promotion chances, fabricating reasons for firing an employee, and repeatedly transferring an employee to dangerous assignments to coerce the employee to quit. Some states, however, may require that a valid employment contract existed before employees will be able to sue for a breach of good faith. Matters Like Discrimination and Retaliation Discrimination and retaliation are illegal processes for firing employees. If you believe that you were fired for things like gender, religion, age, race, or color, then you may have been discriminated against. Retaliation occurs when an employer relieves you of your job duties because you filed a claim for some reason within the workplace. If you lost your job because of retaliation, there are some things you should prove. This can include the fact that you were engaged in a legally protected activity, that activity prompted your employer to act, and your employer’s action had adverse consequences for you like being fired (Repa). Federal law actually protects employees from retaliation. If you suspect retaliation is taking place, you should talk to your supervisor or a human resources representative about the reasons for these acts. If an employer isn’t willing to admit wrongdoing or correct an issue, then you may have to take your concerns to the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. The EEOC works to investigate the problems and protect your rights from being fired or demoted unfairly. You have a right to speak up (Guerin). The fact remains – you could be fired from your job for no reason. However, in some situations, this may be seen as illegal when you should have been protected. In these cases, it is in your best interest to file against your employer with the help of an experienced attorney that can help you understand your case. Call to speak to an attorney from RAWA Law Group your consultation is free. You can also fill out and submit our online contact form available 24/7 directly from our website. Works Cited: Barbara Kate Repa. Nolo, 2015. Web. Accessed Nov 15, 2015. https://www.nolo.com/legal-encyclopedia/wrongful-termination-was-firing-illegal-32282.html Lisa Guerin. Nolo, 2015. Web. Accessed Nov 15, 2015. https://www.nolo.com/legal-encyclopedia/workplace-retaliation-employee-rights-30217.html
What Benefits am I Entitled to With Workers’ Compensation?
What happens if you’re injured on the job and you know you are entitled to workers’ compensation benefits? What does workers’ compensation cover? In general, there are four types of benefits, which include weekly compensation, permanent impairment benefits, payment of medical bills, and vocational rehabilitation. If you are wondering right off the bat whether or not workers’ compensation benefits cover pain and suffering, they do not. These are income protection laws, instead, to help an employee receive benefits when they are unable to work. Medical Care: What does medical care include when it deals with compensation benefits? It includes hospital and medical expenses that are necessary for the identification and treatment process involving your injuries or illness. This will typically include things like doctor visits, medication, and even surgeries or equipment like wheel chairs. They may even go to some extent as to cover things like counseling and pain therapy. Rehabilitation: These benefits will pay for things like therapeutic care, most commonly physical therapy. They will cover anything that is necessary to help you cope with and recover from your injury or illness, and furthermore, any care and training necessary for you to regain skills and abilities to return to your workplace. If you can’t return for work, these benefits may cover things like evaluation, retraining, tuition, and other expenses to help you work at another job. Disability: Temporary Total Disability benefits prevent you from working at all, but only for a limited amount of time. If you receive these benefits, they come with the promise that you will work someday in the future. Many people receive these benefits, as their injuries are not permanent. With temporary partial disability benefits, you are prevented from doing some duties; however, someday in the future you will be able to. With permanent total disability, you are prevented from ever returning to work. When this happens, you are unable to work at your job or a similar one. With a permanent partial disability, the damage is permanent but only partially impairs your ability to work. Death: If somebody has died in a workplace accident, workers’ compensation may provide death benefits to the relatives of the worker, including those who are a spouse, children, or parent. The person is typically financially dependent to the worker. The main purpose of the benefit is meant to compensate dependent family members for the loss of financial support from them. Most states will take what the worker made and make calculations to let them know how much of a percentage of the deceased worker’s earnings they will get. When an employee is dubbed ‘disabled,’ they will receive weekly compensation benefits with a length that will differ from state to state. Determinations are made on what type of disability has been sustained, which were previously mentioned above. A person can obtain weekly benefits for a time ranging from three to seven years. The amount of weekly benefits given for total disability is usually 60% or 2/3 (66 2/3%) of the employee’s pre-injury average weekly wage. If you have been injured on the job, your best bet is to take your claim to an attorney that you can trust. The RAWA Law Group has the experience to handle any claims dealing with workers’ compensation. These laws can be extremely complex and this is why it is a good idea to have a lawyer on your side that knows the ins and outs. Call today to find out more.