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
Leticia Bamboyani
Leticia Bamboyani is a Certified Paralegal, as well as a Certified Notary Public with 4+ years of experience in the field of Workers’ Compensation. She prides herself in her proven history of building and maintaining strong professional relationships with the injured workers she has helped throughout her career. Ms. Bamboyani joined Rawa Law Group a little over 2 years ago. Leticia is a very passionate person, that truly loves what she does. She is compassionate and understanding of the needs and rights of injured workers, and is highly dedicated to working side by side with her clients to ensure the best possible care, treatment, and recovery from their work related injuries.
Belen Perossio
Belen Perossio is the social media marketing specialist. She is in charge of promoting the firm. Her duties are to build and execute social media strategy that build meaningful connections and a strong community between the firm staff members and its clients. Along with being the social media marketing specialist, she is also a case intake specialist. Perossio joined Rawa Law Group beginning of 2015. Her duties involve meeting up with potential clients and obtaining all the information necessary to pursue a Workers’ Compensation claim. Belen is very passionate about her job and loves helping others. Her number one priority is to make the whole process as smooth as possibly.
Lena Rawashdeh
Lena Rawashdeh has a Juris Doctor. She is human resources and quality control manager. Her duties involve investigating and handling client’s complaint. Her utmost goal is to bring the client’s satisfaction to the highest level. Mrs. Rawashdeh understands the injured worker’s needs and makes sure that all the clients concerns are addressed to their satisfaction.
Melissa Knowlton
Melissa Knowlton is an ABA approved Paralegal, with 10+ years of experience in the field of Workers’ Compensation. She prides herself in her proven history of building and maintaining strong professional relationships with the injured workers she has helped throughout her career. Ms. Knowlton joined Rawa Law Group a little over 3 years ago. Through much hard work and determination, she quickly advanced to her current position as Operations Manager of the firm. Melissa is a very passionate person, that truly loves what she does. She is compassionate, and understanding of the needs and rights of injured workers, and is highly dedicated to working side by side with her clients, to ensure the best possible care, treatment, and recovery from their work related injuries.
Ziad Rawashdeh
Attorney Ziad Rawashdeh is the founder of the firm. He works tirelessly to bring justice for injured individuals and their families, regardless of the type of injury and damage they suffered, either physical injury at work, other type of accidents, unpaid wages and overtime, or harassment and discrimination at workplace. Mr. Rawashdeh has personally recovered millions of dollars in settlements, verdicts and awards for the firms injured and damaged clients in Los Angeles, Orange, Riverside and San Bernardino County, as well as throughout California. Mr. Rawashdeh has successfully handled cases involving industrial accidents, workplace injuries, construction site accidents, orthopedic and brain injuries, amputations, wrongful death claims, unpaid wages and overtime, harassment and discrimination, and more. Mr. Rawashdeh in addition of being a member of the California Employment Lawyers Association, and California Applicant Attorneys Association. In addition he is admitted to practice before all California State and Federal Courts, he also has an MBA degree and is a Certified Public Accountant.
DFEH-151 Discrimination
What happens if you are working at the same job you have for ten years, and out of nowhere your new supervisor starts making crude, discriminatory comments toward you? Discrimination and harassment is forbidden on an employment level, which means that you may have a claim. So what is Form DFEH-151? This is California’s Department of Fair Employment and Housing (DFEH) Form on discrimination in the workplace and what forms it takes. What is employment discrimination? The California Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in the workplace. Here are some of the things that employees are frequently discriminated for: Race Color Religion Gender Sexual Orientation Disability including both mental and physical Age (40 and above) Requests for Pregnancy Disability Leave Medical Conditions Workers in California are both guaranteed and protected from many things. In other words, they have rights that they are allowed to utilize. When you are hired at a job, it is illegal to be discriminated against or harassed by an employer. Workers are guaranteed leaves if disabled because of pregnancy, reasonable accommodation for pregnancy, and leave for both birth or adoption of a child or a serious health condition. They are protected from harassment because of the mentioned categories and also from retaliation for filing a complaint, participating in an investigation, or protesting possible violations of the law. The DFEH believes in the Civil Rights of California. They enforce state laws prohibiting harassment and discrimination in employment, housing, and public accommodations providing pregnancy leave. They also accept and investigate all complaints that allege hate violence or threats of such. They work to investigate harassment, assist parties to voluntarily resolve complaints, prosecute violations of the law, and educate those living in California of the laws prohibiting harassment by providing written materials and participating in seminars (DFEH). What Steps Can You Take Against Discrimination? As an employee, you are entitled to rights to retain a workplace free of discriminatory comments and actions, as well as harassment from a superior. Here are some steps you can take to stick up for yourself if harassment or discrimination is occurring: Employer Awareness: If you feel you are being discriminated against, you should always make your employer aware of how you are feeling. Many acts unfortunately go unrecognized or unpunished because the victim does not speak up or is afraid to say anything. Employers, as well, will typically not admit to the discrimination. You should let them know that you are taking the matter seriously by making a written report every time an action takes place. You can ask for an investigation to take place. Diary/Journal: You can keep a journal of all events that take place that include the date, time, location, parties involved, witnesses, and details surrounding the improper conduct or speech. Keep Objects: If pictures were posted, left for you, or given to you that were of harassing nature, you should keep hold of them. You may find the items upsetting, but it is good to have the proof rather than throw it in the trashcan and lose it. Review Anti-Discrimination Policy: Many employers will put discrimination or harassment information into their policies. This may be beneficial to your case. An attorney will be able to help you if you have fallen victim to discrimination or harassment in the workplace. They will be able to understand the complex laws that surround this type of issue. An attorney will be able to help you given the fact that they have the experience necessary. Call RAWA Law Group today to find out what you can do about your claim!
Sexual Harassment and DFEH-185
Sexual harassment in the workplace is a growing issue in all states in the United States. In some cases, a person may have problems learning how to draw the line between what is acceptable workplace behavior and what is actually considered unlawful harassment. Laws put in place strictly prohibit sexual harassment and these laws are growing more severe each year. Under Title VII of the Civil Rights Act of 1964, sexual harassment is a form of sex discrimination when in a workplace setting. Every state handles these claims differently, but now you can find out California’s stance on the matter and what to expect if you are involved in a claim. The Two Very Different Types of Sexual Harassment Claims Quid Pro Quo: This is sexual harassment that takes place when a supervisor or authority figure requests sex from an employee. They usually do so by attempting to push a sexual relationship in exchange for not firing or punishing the employee. Sometimes the supervisor will offer promotions or raises for sex. Hostile Work Environment: This is sexual harassment that occurs through the presence of sexual photographs, jokes, or even serious threats. This inappropriate behavior makes for a very intimidating and offensive working environment. When a hostile work environment comes about, the U.S. Supreme Court says that employers may defend themselves in the cases brought against them. They can argue that they took reasonable steps to prevent the sexual harassment and made efforts to stop a supervisor or other working from pursuing. What is DFEH-185? In California, all employers are required to distribute an information sheet on sexual harassment known as Form DFEH-185. This form includes things about the illegality of sexual harassment, a description of it with examples, legal remedies and complaint processes available, and more. Here are some of the things within the form: The Most Common Types of Workplace Sexual Harassment Unwanted sexual advances An Employer offering benefits in exchange for a variety of sexual favors Leering, making sexual gestures, displaying sexually suggestive pictures, or other visual misconduct Making or using derogatory comments, slurs, or jokes Verbal sexual advances Verbal abuse of a sexual nature, including graphic verbal commentaries about an individual’s body, sexually degrading words, or obscene letters left to the individual Physical misconduct such as touching, assault, or blocking movements Three Most Common Sexual Harassment Complaints An employee refused to grant sexual favors or complained about harassment and, as a result, was fired or denied a job. This is known as retaliation and is illegal, even if it cannot be demonstrated that the harassment actually occurred. An employee is pushed and pushed until he or she quits due to not being able to tolerate an offensive work environment. If it is proven that a reasonable person would resign under these circumstances, the employer may be held responsible for the resignation. An employee becomes exposed to an offensive work environment and suffers harassment as a result. When a sexual harassment case occurs, many factors may be considered in the claim. For instance, the frequency and severity of the alleged behavior may be under scrutiny to assess how far the harassment actually went. The size and nature of the employer’s business may be considered as well. Furthermore, when a hostile work environment claim takes place, they consider if a person in this similar position would have seen the situation as hostile as well. If the alleged victim actually helped participate in the sexual banter in a workplace, it will be much more difficult for he or she to prove that they have actually been harassed. If you have been sexually harassed in the workplace, you may have a case. Did you have to resign from your job because the harassment became too much? Did an employer make an environment too hostile for your liking for way too long? Did you become the center of sexual jokes to the point of your workplace becoming uncomfortable? All of these things may lead to a claim. Call RAWA Law Group today to find out more about the steps you can take to make a claim! Remember the consultation is free and there is no obligation we are here to give you the best legal advice.
What Are My Options if I Was Denied Workers’ Compensation?
If you are injured on the job, you should always work in a timely manner when it comes to making your claim for workers’ compensation. Workers’ compensation benefits are meant to cover things like medical costs and lost wages when you are unable to work due to an illness or injury caused by work. There are several reasons why a workers’ compensation claim may be denied – however, just because you received a denial, this doesn’t mean it’s the end of the road for you. Why Was My Claim Denied? Failure to Notify Employer of Injury:There is a statute of limitations on when you should notify your injury to an employer. The claim doesn’t actually begin until you report your injury to your employer. Each state has its own limitations, but it is typically around 30 days. Failure to File Claim Within Time Period: Missing the filing period for your claim is grounds to have your claim denied. The State of California has a filing period of one year since the discovery of your injury. Injury Occurred Outside of Employment: Were you on-site while performing work duties when the injury occurred, or off-site while pursuing duties your employer assigned to you? Then you will probably qualify. However, if your injury occurs before or after normal work hours, you may not be covered. Injury Occurred While Under the Influence: If you are under the influence of illegal narcotics or alcohol when injured, then you should expect your claim to be denied. This could even include medications under certain circumstances. Employer Disputes Injury Claim: Your employer may fight that your injury is pre-existing. They could also claim that the injury occurred outside the scope of your employment or that the injury is faked. You must prove the legitimacy of your injury. Your Medical Condition Isn’t Covered: Mental health issue claims are typically denied, so you must be able to link the mental issues to a specific event such as trauma. This will require clear medical evidence from a licensed psychiatrist or other doctor in the field. Injuries Aren’t Serious Enough For Coverage: Your injury must limit or prohibit you from completing the job duties assigned to you. You must have a doctor’s opinion stating that your injury is debilitating, and you must be able to convince the insurance company of this. How Do I Appeal a Workers’ Compensation Claim Denial? You may receive a letter in the mail saying your claim was denied for any of the above reasons. That same letter may contain information about how you can go about appealing the denial of your claim. You should always note deadlines for the appeal. You should always call your employer or workers’ compensation insurance to discuss why the denial occurred and if there was a mistake. If there was no mistake, then you want to go about appealing the denial. Appeals processes will vary from state to state, the first level of appealing typically being an issue seen before an administrative law judge. When your appeal hearing takes place, you will be required to present all of your medical and factual evidence to support the existence of your claim. Always make sure that the appeal is filed within the specified time limits and that you have plenty of evidence. In the State of California, you will want to file an Application for Adjudication of Claim, which must be filed at a DWC office in the county where you live or were injured. The DWC office will then send you a notice confirming that it has been filed, which will include your assigned case number. The process continues from there. How Do I Reopen a Claim if the Statute of Limitations Has Expired? Judges may be able to define the statutory periods even when they have technically expired, but this depends solely on the situation at hand. However, even though this is legally possible, reopening a closed workers’ compensation claim can be an extremely tiring and difficult process. Insurance companies will usually oppose the reopening of old claims, especially when there’s a chance that they will have to pay that claim when all is said and done. If you believe you have a case, you may want to consult an attorney who specializes in the complex law of workers’ compensation. Call RAWA Law Group today to get a free case evaluation at a consultation. The moment you believe you have a claim, it is best to have an attorney on your side to ensure a better outcome. Enlist in an attorney you trust and get the compensation you deserve today!
The Equal Opportunity Act
What is the Equal Opportunity Commission? The EEOC is an agency of the federal government that was created by the Civil Rights Act of 1964 and their purpose is to interpret and enforce federal laws prohibiting discrimination from employees. The EEOC administers equal opportunity laws for employees that must be abide by to protect workers. The EEOC accepts charges of discrimination from employees, investigates the charges, and attempts to mediate settlements between employees and employers. What Rights Do I Have As A Federal Employee? What happens if you are a federal employee and you have a discrimination, harassment, or retaliation claim from within the workplace? Then you must take initiative to file a complaint with the EEO office in your own agency. This office will then take matters to investigate and process the complaint. The complaint is heard and a decision is typically issued by an administrative law judge. If you just so happen to not be satisfied with the outcome, then you can choose to appeal to the EEOC’s Office of Federal Operations. If you choose to go about a lawsuit while the EEOC is processing your specific charge, then you can always request a right to sue letter. This document states that you have met the requirement of filing a charge and may proceed to court on the matter. Requirements to Protect Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Race, Color, Religion, Sex, National Origin: Employees and applicants are protected from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and all aspects of employment. This includes based off of race, color, religion, sex, or national origin. Disability: Individuals are protected from discrimination for all aspects of employment on the basis of a disability. Disability discrimination occurs when reasonably accommodation is not made to the limitations of an otherwise qualified individual who is an applicant or employee. Age: Employees age 40 years or older are protected from discrimination based on age in hiring, promotion, etc. Sex (Wages): Sex discrimination and sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill and effort, and responsibility under similar working conditions, apply. Genetics: The Genetic Information Nondiscrimination Act (GINA) protects applicants and employees from genetic information discrimination. This genetic information mentioned includes information about genetic tests of applicants, employees, or their family members. Retaliation: Covered entities may not retaliate against a person who files a charge of discrimination, participates in a proceeding, or otherwise opposes an unlawful employment practice. What Do You Do if You Believe Discrimination Has Occurred? If you believe you have been discriminated against in the workplace, you should be aware of the time constraints. There are strict time limits for filing charges of employment discrimination. You should always contact EEOC promptly when discrimination is suspected (EEOC). However, it never hurts to put your trust in a lawyer that understands your situation and has the experience to handle your case. You can contact RAWA today if you believe you want to file a lawsuit against a discriminating employer. Call today for a consultation to assess your needs.