What are your rights when you’re injured on the job?
When an employee gets injured at work, he or she is entitled to file a Workers’ compensation claim. It doesn’t matter if the injury is temporary or permanent, or if the injury may or may not require the employee to take time off of work. You are still entitled to file a worker compensation claim.
Employers cannot retaliate against an employee.
If an employer tries to retaliate against the employee who filed a claim, under California law, the employee can file for additional compensation under the worker compensation claim.
Can the employee be fired?
If the injured employee can continue to do the job (with or without accommodation) the employee legally cannot be fired even if the employer thinks the employee could be reinjured on the job. If the employer does fire the employee, the employee can file an additional claim for discrimination.
What damages can be recovered?
Under Workers’ Compensation, damages are very limited and predetermined.
However, If damages are filed for under disability discrimination, an employee can recover all, part and future loss of wages, benefits, emotional distress, attorney fees and even punitive damages.
If you feel you’re being unfairly targeted by your employer for filing a Workers’ Comp or disability claim, please contact Schwimer Weinstein as soon as possible.
We can help. Contact Schwimer Weinstein for a free, no-obligation consultation.