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What are my employer’s responsibilities under workers’ compensation laws?
What happens when you are injured on-the-job and want to receive workers’ compensation benefits? What steps should you take regarding your employer and what responsibilities do they have to take on their own? There are some steps that you must take yourself – for instance, when you are injured, the first thing you should do is report the injury or illness to your employer. This will make it into a report that will come into handy later as well as avoiding problems with delays in your benefits. After your emergency treatment occurs at the emergency room, your employer will be required to provide you with medical care. What penalties should I be aware of? In some cases, an employee may choose to bring charges against an employer. However, if they are looking to seek workers’ compensation benefits instead, then they give up the right to sue. Workers’ compensation is considered to be the exclusive remedy for workplace injuries in many states. If an employer refuses to give these benefits, they could face penalties like fines, criminal prosecution, personal liability of the employer for any workers’ compensation benefits, and more. There are also some duties that employers must perform, that include the following: A notice of compliance should be posted at each job site that is easy for employers to find. Emergency medical treatment should be provided for employers who sustain these injuries. If an injured worker is unable to select a doctor, then other medical attention should be provided. A report of the injury should be conducted and sent off to the nearest workers’ compensation board office. An employer absolutely needs to make an injury report under law standards. Employers must comply with all requests for further information regarding injured workers by the workers’ compensation board or the insurance company. This includes all statements of the employee’s earnings before and after the accident, reports of the date of the employee’s return to work, or other reports that may be required to determine the employee’s work status following the injury. Can an employer retaliate if I file a claim? This is never okay for an employer to due. Workers’ compensation benefits not only help employees, but also protect employers since they keep the ordeal out of the courthouse. With this being said, sometimes an employer will illegally be discriminatory against an employer when they file for benefits. There is protection against employers who do this. It is always prohibited for an employer to discriminate against, harass, unjustly terminate, punish, or discharge an employee just because they have exercised rights and filed a claim. If an employee believes that exercising these rights has gotten them fired or discriminated against, they can bring a claim against an employer for something known as a retaliatory discharge. The employee must be able to convince a judge that it was more likely than not that the employee was wrongfully terminated. Retaliation can be seen in as little as things like demotion or salary reduction. Now you can find out what you can do if you have to file a claim by contacting RAWA. We have experience dealing with workers’ compensation laws and can help you get the compensation that you deserve. Find out what to do today by giving us a call, and choose an attorney that will fight for your rights!
Workers’ Compensation Reforms 2015 Key Points
Laws are constantly changing for many aspects in many states. This is the case for workers’ compensation laws, as well, which had major reforms for the 2015 years. What are some of these reforms and things you should be aware of? SB 863 increased permanent disability (PD) benefits approximately 30% in two steps. Before, the minimum weekly benefit was only $130 and the maximum was $270. After January 1, 2013, the n5tew maximum weekly PD rate ranges from $230 to $290 depending on the PD rating. After January 1, 2014, the maximum weekly PD rate is $290. The Return-to-Work Supplemental benefits are in effect and being disbursed. More than 12 sets of regulations were enacted to implement SB 863. The change in the Ambulatory Surgical Centers (ASC) fee schedule generates approximately $30 million in annual industry savings. It has been announced that there was a 3.3% reduction is medical costs for 2014. Return-to-Work Supplement Program (RTWSP) You may wonder what the Return-to-Work Supplement Program is that has been mentioned previously as being in effect. This is one of the many components of Senate Bill 863. Labor Code section 139.48. It requires the Director to administer a $120 million fund for the purpose of making supplemental payments to workers whose permanent disability benefits are low in comparison to earning losses. To be eligible, however, an applicant must have a date of injury on or after January 1, 2013 and received a voucher for that injury. Important Changes for 2015 Outcome-based networks have been developed for many larger employers for workers’ compensation and group health reasons. Workers, in turn, have been receiving the best medical care and tying compensation to outcomes. Employers are beginning to recognize the importance of mental health as well as other wellness regards. There is definitely more importance of managing health both physically and mentally. More employers are realizing a bigger importance of managing all disability and not just that which is associated with workers’ compensation claims. Medicare Secondary Payer Compliance has returned. There is also a trend of lawsuits that have been filed against non-compliant companies that are intentionally keeping Medicare secondary payer regulations away from those that need to understand them. It was also researched and found that the National Council on Compensation Insurance says that, in 2014 alone, workers’ compensation ratios were below 100% for the first time since 2006. If you hope to receive workers’ compensation benefits, you may know that you can negotiate settlements to get the money you deserve. There are many types of disability payments you may receive; however, there are many steps you can take to assure that you will receive your rightful compensation. The laws are always evolving so you should keep up to date with them at all times. Contact a lawyer that you can trust at the RAWA Law Group and get back on track to receive the compensation that you deserve. Also find out about more laws regarding workers’ compensation and what you can do.
DFEH-159 DFEH Complaint Process
When you are working for an employer and they are not treating you right, in the form of workplace discrimination, you may have a lawsuit on your hands. Many employers will feel anxious when they are being discriminated against and harassed. There is nothing worse than coming to work every day and wondering where you are going to turn or what you are going to do about a harassing situation. The legal battles that can stem from workplace tension and harassment can be costly and time-consuming so the people who endure them have every right to feel this way. California law prohibits employers from discriminating against employees and treating them generally unfair. There is actually an act known as the Fair Employment and Housing Act (FEHA) that prohibits harassment and discrimination in employment because of race, color, religion, sex, marital status, national origin, and much more. So, how do you file a complaint? The Department of Fair Employment and Housing (DFEH) accepts complaints from people who believe they have experienced any type of discrimination that violates these laws. Complaints must be filed within a year of the alleged act of discrimination when the identity of the person is known. After a screening process, investigation is approved and the complaint goes under scrutiny to find if there are violations of the law. If there is enough evidence that illegal discrimination was taking place, then the DFEH will decide if prosecution should happen. How does settlement occur? After the complaint is filed, settlement can happen at any time in a variety of ways. DFEH may negotiate a settlement or a respondent may approach the person who filed the complaint directly to speak about ways to settle. Ways to deal with the problem without having to go to court will save time and money. Resolving the complaint can also help parties avoid financial burdens for when a complete investigation would take place. If you decide to settle with the employer, the DFEH will sign off on this and that agreement will be enforceable in a court of law. What if it is necessary for an investigation to take place? If there is no resolution, then the complaint will be investigated by DFEH. You will also be instructed on how to file a lawsuit if this is the course of action you would like to take. DFEH may need to interview you as well as other witnesses, access records and documents for review, make on-site inspections, and initiate formal discovery. The employer involved must cooperate fully with DFEH. They must provide accurate information, dates, identify witnesses, and notify DFEH of any changes. Will the employer be prosecuted for their actions? They may be. The matter may be transferred to court when there is no resolution, which leaves everything up in the air. Those who file complaints on their own under FEHA retain a right to sue and bring about a lawsuit. FEHA will hear the case if there is no emotional distress and, if there is, it will be transferred to court to be resolved (DFEH). If you have a complaint against workplace discrimination, you can always seek the assistance of an attorney to help you with your case. Call the RAWA Law Group today for more information on what choices you can make to take action. Workplace discrimination is very serious and can keep you from enjoying day-to-day life, so you may be able to file a lawsuit for damages. Find out more today!
Filling Out the DWC 1 Form and More
When you are injured on-the-job, you may be eligible for workers’ compensation benefits. Your employer is required by law to pay you these benefits provided you were actually injured during an accident taking place at workplace hours. There are many benefits that you may be eligible for. These could include Medical Care, which includes pay that helps you recover from an injury or illness caused by work, Temporary Disability Benefits used to pay for lost wages because you are unable to do your job, Permanent Disability Benefits that are applies if you don’t recover completely, and many other options. There are many options for steps that you can take if you have received a job injury. For instance, you should always take care to report your injury to your employer as soon as possible. You should also receive instant emergency medical treatment if the situation calls for it (BHHC). But there may be one more step to take, which is filling out something known as a DWC 1 Form with the guidance of your employer. What is the DWC1 Form and Why is it Important? When you are injured on-the-job, your employer should always give you a claim form within one working day after learning about your injury or illness. If they do not, you can download it from the forms page of the DWC website. You absolutely must fill out the claim form DWC 1. You should always give the completed form to your employer, which will then open up the doors to your workers’ compensation case. It begins the process for finding all benefits that you may qualify for. Here are some of the benefits included: A presumption that your injury or illness was work-related if your claim is not accepted or denied within 90 days of giving the form to your employer Up to $10,000 treatment under medical treatment care while the claims administrator is reviewing your claim An increase in disability payments if they are late A way to resolve any disagreements that come up between you and your claims administrator over whether or not the injury actually happened at work and whether or not you will receive permanent disability benefits (DIR) What happens I your employer refuses to cooperate with you during any part of the process? Your employer is legally required to cooperate in processing your workers’ compensation claim form. If not, they will be subject to fines and penalties for their inaction. If you believe that your employer is hindering your claim, then you can always bring up a complaint with your state’s workers’ compensation administration. Take, for instance, an employer that promises the form to an injured worker but then days pass and the employee still hasn’t received the form. Within seven days on a typical schedule, a representative will contact the employer for you and instruct them to cooperate or suffer substantial fines or penalties. What information must be filled out on a DWC 1 Form? Your full name, address, telephone number, and e-mail address, as well as your employer’s The date you informed your employer of your injury The date you received the claim form A detailed description of your injury, the location, and the date and time your injury took place Your Social Security Number Your signature When you believe you are eligible for workers’ compensation and must fill out the DWC 1 Form, you should first speak to an experienced attorney from the Rawa Law Group. You may not understand all aspects of the form or what requirements are needed from you. An attorney will be able to help you understand each part of the form. Call today to speak to an attorney that understands your case and can guide you every step of the way! We are there for you.
Retaliation in the Workplace
There are many reasons in which you may be retaliated against in the workplace by an employer. However, you should know that no matter what the reason, it is always against the law. Take for example, you have become injured and are filing a workers’ compensation claim – if your boss decides to demote you or discipline you for this action, then they are breaking the laws of the workplace. Laws are set in place to protect employees from discrimination and harassment in any situation! Know your rights and stay safe. Retaliation takes place when an employer punishes an employee for engaging in activity that is legally protected. Retaliation usually ends in demotion, discipline, firing, salary reduction, or job or shift reassignment. However, it can also be subtler than that. When the action is not so obvious, you must consider the circumstances surrounding the situation. Federal law actually protects employees from retaliation. Laws protect those who were witnesses to it and also those who are whistleblowers for telling about unsafe working conditions. How do you know that you are being retaliated against? Sometimes it may not be easy to detect retaliation. Sometimes you may make a complaint due to how an employer acts toward you and treats you differently, and their attitude and demeanor may change to something adverse right before your eyes. Maybe they are not only less friendly toward you, but they are also spiteful and take away from your overall work. What if you make a complaint and you are fired immediately after even though you worked for that company for fifteen years? It will be obvious that you are being retaliated against. So, if you suspect that retaliation is happening, you should talk to your supervisor or a human resources representative. If there is no legitimate reason for a firing, demotion, or other negative act, then you should voice your concern. However, be prepared for your employer to deny it (Guerin). State-Specific to California Have you fallen victim to retaliation, as an employee, in California? When you suspect retaliation, you should always file a complaint with the Division of Labor Standards Enforcement (DLSE). However, you should always remember that you must stay within the time constraints of being able to file a complaint. The complaint usually needs to be filed within six months of the retaliatory act in California. When the complaint is filed, you will be contacted by a Discrimination Complaint Investigator from the Labor Commissioner’s office to begin the process. The employee, employer, and any witnesses may be interviewed to give responses to what actually occurred. A written report will be taken to note and forwarded to the labor commissioner by the investigator. After this, the labor commissioner will review the report and make a decision on the situation and what should be done about it. If more information is needed, a hearing will be held in which the parties can come and bring witnesses along so that they can help support facts that have happened. At any point, the employee will retain the right to file a separate private court hearing against the employer – however, one should always keep in mind the statute of limitations. The California Department of Fair Employment and Housing (DFEH) is always willing to listen to claims of workplace discrimination and retaliation (SoC). Where should you turn if an employer is being retaliatory against you? You can contact the RAWA Law Group for all of your needs. Retaliation is something that you should always be prepared for and taking notice of the warning signs. Call today! Works Cited Lisa Guerin. Nolo, 2015. Web. Accessed Dec 26, 2015. https://www.nolo.com/legal-encyclopedia/workplace-retaliation-employee-rights-30217.html SoC. State of California: Department of Industrial Relations, 2015. Web. Accessed Dec 26, 2015
DFEH-161 Pre-Employment Inquiries
In California, when you are hired for a job, it is at the discretion that the employer is being fair to you as they would be to any other applicant. The California Fair Employment and Housing Act (FEHA) makes it impossible for discrimination to take place in the workplace based on things like race, religion, color, ancestry, physical or mental disabilities, medical conditions, sex, age, and much more. It would actually be unlawful for an employer not to hire somebody based on any of these things. There are also limitations on what employers are able to ask in regards of requiring examinations. Under FEHA law, it is prohibited for employers to require medical or psychological examinations or asking any applicant if they have a mental or physical disability or medical condition. However, an employer is allowed to ask whether or not there is something that will affect the ability to perform job-related functions when hired. When an employment offer is made, an employer is then allowed to ask for a medical or psychological examination with restrictions. What other things can an employer ask? Your place of residence That legal age requirements are met Verification of legal right to work in U.S. Languages that the applicant can read, speak, or write Statement by employer of regular days, hours, or shifts to be worked Inquiry that applicant can perform job-related functions Job-related questions about convictions unless sealed Name and address of person to be notified in case of accident or emergency What things can’t an employer ask? Questions regarding owning or renting Questions that tend to identify applicants over 40 Requirements that applicant produce naturalization or alien card prior to employment Questions as to nationality, lineage, ancestry, national origin, or applicant’s spouse Any inquiry into the applicant’s general health, medical condition, or mental/physical disability General questions regarding arrest record Name, address, and relationship of relatives to be notified in case of accident or emergency (DFEH) What are some other things that may be involved in the hiring process? The employer may obtain a federal employment identification number for each new employee, from the IRS. They must register with their state’s employment department for payment of unemployment compensation taxes for each new employee. They must set up the employee’s pay system to withhold taxes to be paid to the IRS. They must obtain workers’ compensation insurance. They must prepare an illness and Prevention Plan for the Occupational Safety and Health Administration (OSHA). They must post required notices in the workplace as required by the Department of Labor (DOL). They must report federal unemployment tax to IRS. Employers should never make promises to prospective employees because they will be seen as false statements made under “implied contract” under the law. For instance, an employer should avoid telling an employee that “they will have a job for life” because in some cases, they may choose to let go an employee. The employer can be said to have breached their contract and will be held responsible for damages that have occurred to the employee’s lifestyle due to the fact that they were relying on the promise. There are certain things that employers should and should not do when they are looking to hire new employees. Have you fallen victim to being asked illegal questions by an employer or having to meet requirements that shouldn’t have been acceptable? Now you can find out more about what you should do if you believe you have a case – call The RAWA Law Group today! We will work with you and let you know your legal rights. Works Cited DFEH. Department of Fair Employment & Housing, 2015. Web. Accessed Dec 28, 2015. https://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-161.pdf
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