Let’s be honest, injuries are the worst. They’re painful, huge hassles, sometimes require exhausting maintenance, may call for a trip to the doctor’s or hospital, and overall just make life a little bit worse.
Wait, maybe getting fired is the worst. There goes your self-confidence, say goodbye to a steady paycheck, so long reserved parking spot. Put both scenarios together and we have on our hands a less than desirable situation. If you were fired after you informed your boss you were injured on the job, you were wrongfully terminated and need to take legal action. There are specific laws for being injured on the job that your are protected under. Do not let your employers withhold these rights from you or punish you for exercising them.
There a couple ways in which you could possibly be inured at work. One way is from a single instance where you hurt yourself such as getting a burn from chemicals splashing on your skin or hurting your back from a fall. There’s also the type of injury that results from repeated exposures at work. Examples of this are hurting your hand from doing the same motions over and over again or losing your hearing from being exposed to loud noises all the time. Either way, California’s workers’ compensation system is there to support you through your process of healing. If you denied access to these benefits of punished by your employer for trying to use these benefits, then California Labor Law Employment Attorneys Group is here for your support.
Workers’ Compensation Benefits
In order to receive workers’ compensation benefits for your injury, you must notify your employer in writing within 30 days of the information surrounding the incident. If you are in need of treatment from a health care provider, it must one covered by the Workers’ Compensation Board, except if it’s an emergency. Workers’ compensation benefits may include medical care, which can include doctor’s visits, treatment, tests, medicines, equipment, and travel costs; temporary disability benefits; permanent disability benefit; supplemental job displacement benefits; and death benefits. A few examples of the monetary value of different benefits are as follows: the maximum temporary disability benefit in 2016 was $1,128.43 per week, death benefits if there are three or more dependents is $320,000, and burial expenses can reach up to $10,000 in benefits.
Injured on the job benefits
There are other avenues you may be able to go down in order to receive benefits other than workers’ compensation benefits. You can apply for State Disability Insurance (SDI) through California Employment Development Department. SDI may be able to cover you if workers’ compensation is delayed or denied. Also, if you workers’ compensations weekly benefit is less than your disability insurance, then you may be entitled to receive the difference. Have you exhausted your outlets to receive benefits after a on the job injury?
Social Security disability benefits are another possible source of monetary compensation for a work-related injury that has turned into a disability. You may be able to collect from both social security disability insurance and workers’ compensation as long as the totaled amount does not exceed 80% of your previous income. But not everyone qualifies for both forms of compensation. The requirements for social security disability benefits and workers’ compensation are different, so it’s important you have a clear understanding of which ones apply to you.
Can I be fired for getting injured on the job?
Section 103(a) of the California Labor Code makes it illegal for an employer to fire or punish you for filing a workers’ compensation claim if you believe you were injured on the job. If you require time off because of your injury, the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) allow 12 weeks of job protected unpaid leave. Employers are also prohibited from retaliation against exercising your rights under these laws as well. The FMLA and CFRA apply to companies with 50 or more employees who have worked at least 1,250 hours the last year. If your employer has unlawfully retaliated against you and either fired, demoted you, or placed adverse repercussions to your job, then you may want to file charges. Our wrongful termination lawyers will help you remedy this loss.
If you do not fully recover from your on-job injury, the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) protect you from discrimination in the workplace because of your disability. The ADA applies to companies with 50 or more employees, while the FEHA applies to companies with only 5 or more employees. Under these laws, you are also protected from any retaliation from your employer. If you feel you have been discriminated against at work, and your employer responds to your discrimination claims by firing your, then you have means to sue them for wrongful termination. Our wrongful termination lawyers can help you through this process.
Los Angeles Attorney for being fired for getting injured on the job
We all try our best to stay safe, and free from hazards, however, life isn’t always that simple. Sometimes at our jobs, we end up in dangerous situations, or we have unlucky days. If you happened to get injured on your job, make sure you are receiving all the benefits you are entitled to. If for some reason your employers do not comply with workers’ benefits laws, or fire you because of your injury, then you need to seek help from one of our attorneys. Or, if you were injured on the job and your employer fires you, demotes you, or imposes any kind of adverse job repercussions, you must also meet with one of our attorneys. If you do not seek legal actions, you are consenting to your employer’s illegal practices. Say no to unlawful employers.
Free Consultation and Zero-Fee Guarantee
Being injured on the job most certainly is a loss no one wants to take. It can be detrimental to your mental and physical health, your wallet, and so much more. Being in some way punished for this accident by your employer is just an overhaul of misfortune. Possible remedies for your case could be compensatory and punitive damages, job reinstatement, attorney’s fees, and more. Our lawyers at California Labor Law Employment Attorneys Group want to make sure you will receive maximum compensation for your loss. We know an injury is already a huge burden that’s why we don’t want to burden you more with fees. This is why we offer a free consultation to anyone that comes into our office. You will be able to sit down and talk with one of our employment attorneys free of cost. Let’s discuss your employment rights and what you can do to seek legal action against your employer. We also offer a zero-fee guarantee, which means you will not be charged a penny unless we win your case. This way you don’t have to feel like you’re taking a risk with us. You’ve already risked a lot at your job; at our firm we will make sure you feel comfortable and confident with your case in our hands. If this sounds like the right fit for you, but you’re already working with another law firm, don’t be afraid to come in and get a free second opinion. Your road to recovery does not have to be painful when you come to California Labor Law Employment Attorneys Group!