Van Nuys Workers' Compensation Lawyer
Van Nuys Workers' Compensation Attorney
If you were hurt at work in California, you might be eligible for workers’ compensation. However, it can be difficult to grasp the workers’ compensation application procedure. Fortunately, a Van Nuys workers’ compensation lawyer can help you with the legal processes involved. As committed workers’ compensation attorneys, we are aware of the difficulties you are going through and are here to support you at every turn.
Workplace discrimination can involve many different things. Thanks to the efforts of the EEOC, it is easier to protect workers’ rights and pursue compensatory damages in the face of rampant discrimination in the workplace. Under California state law, any employer that employs at least five people must abide by anti-discrimination laws, provide their employees with up to four months of disability leave, and provide employees with comprehensive sexual harassment training.
Workplace discrimination does not just begin in the workplace. The EEOC prevents discrimination based on age, race, religion, skin color, gender identity, national origin, and disability across every aspect of employment. Here are just a few of the different facets of employment that are protected by EEOC regulations:
Workplace Harassment
There are many different kinds of harassment, but all of them can make you feel disrespected, unsafe, and unwanted in the workplace. It is illegal to harass someone because of any of their protected traits, such as sex, age, race, and gender identity. Furthermore, it is illegal to harass someone who has complained about harassment in the workplace. This would constitute retaliation.
Your employer cannot legally retaliate against anyone who has participated in a workplace discrimination discussion, claim, complaint, or investigation. Harassment can take many forms, such as:
- Derogatory slurs
- Offensive comments aimed at a specific person or just spoken generally
- Unwelcome sexual advances
- Offensive imagery being transmitted to others in the workplace
- Physical attacks
Job Postings
Employer cannot legally post a job advertisement that specifically excludes people of a protected class. Additionally, employers cannot post a job advertisement requesting applications only from specific groups of people, such as only women or only people under the age of 40. Doing so would violate labor laws and open the employer to a potential discrimination claim.
Job Applications
When an employer is seeking to hire someone for a posted job and they are at the application phase, it is illegal for the employer to exclude certain applications based solely on someone’s race, age, religion, gender identity, or another protected class. An employer cannot make hiring decisions based solely on those traits. If the employer decides not to hire an applicant based on their past job history or lack of education, they are allowed to do so.
Promotions
Under EEOC regulations, advancement in a company should be based on merit, job performance, and necessity. A potential candidate’s protected class cannot legally factor into the employer’s decision to promote. For example, a supervisor cannot give preference to people of one class when deciding on who gets more overtime, and they cannot segregate people of certain protected classes into specific areas.
Why Choose Us?
The attorneys at Diefer Law Group, P.C., help clients recover from workplace accidents and have decades of combined experience. For years, we have been assisting clients with workers’ compensation issues and enabling them to get paid. We offer individualized attention from our dedicated attorneys. Our firm can offer you situation-appropriate, personalized programs and transparent communication.
Our goal is to protect your rights. Our attorneys work together to provide you with the legal counsel you need. Diefer Law Group, P.C., can represent you both in and out of court to make sure you get the justice you deserve. We can assist with the legal proceedings so you can concentrate on getting better before going back to work.
What Is Workers' Compensation?
In the event of an illness or injury sustained on the job, workers’ compensation insurance covers much of an employee’s economic losses. Employees won’t have to worry about money during their recovery from an illness or injury because the plan will pay for their treatment, missed work, medical bills, and other associated costs.
Benefits from workers’ compensation are paid in California, regardless of who caused the illness or accident. Stated differently, payment is due to you irrespective of whether the damage was caused by your own negligence or the fault of your employer. For workers to focus on their recovery, workers’ compensation benefits are typically paid out quickly.
Who Is Eligible for Workers’ Compensation?
In California, to receive workers’ compensation payments, an employee must meet certain requirements. Among them are:
- You must be employed by the company where the injury occurred. Volunteers and independent contractors typically do not match the eligibility standards, though there are a few exceptions.
- The illness or injury must be directly related to what you do for a living. This can include occupational injuries, illnesses brought on by exposure to hazardous materials, and injuries sustained from repeated stress.
- As soon as you can, you must report your injuries to your employer. If you don’t file by the deadline, your claim can be rejected.
- After informing your employer’s insurance company about your injuries, you must file a workers’ compensation claim. The process involves submitting a claim form to your employer after filling it out.
A workers’ compensation attorney can help you with this process or if your request is denied.
How a Workers’ Compensation Attorney Can Help
In workers’ compensation cases, the process can sometimes be straightforward but at other times, it can be more complex. A workers’ compensation lawyer becomes essential if your claim is denied or your employer does not uphold their responsibilities. A skilled workers’ compensation lawyer can guide you through the difficulties of filing a claim and ensure that you are aware of the particulars of your case.
If you need help navigating the complicated nuances of workers’ compensation legislation or negotiating with insurance companies, an established workers’ compensation law firm or an accomplished workers’ compensation lawyer can provide the support and advocacy needed to secure your rightful benefits.
Hiring a workers’ compensation lawyer can be crucial for your case in a few different ways. Among these are:
- You receive no compensation from your employer.
- The employer failed to report the injury.
- Your illness or injury was the reason for your termination.
- Your benefits were not given to you.
- You did not receive all the benefits that you were entitled to. For instance, you were compensated for lost pay but not for medical costs.
- In light of your circumstances, your company declined to offer you any other work possibilities.
- When you are not fully recovered or feel that you are not fully recovered, you are being urged to return to work by your employer or the doctor who is working for your employer.
FAQs
Q: How Much Do Workers’ Comp Lawyers Charge in California?
A: In California, workers’ compensation lawyers typically accept claims on a contingency fee basis—that is, they only get paid if you prevail. Usually, a percentage of the settlement or award is charged. However, some attorneys charge by the hour, which means that you pay them according to the number of hours they spend in the office.
Q: What Is the Five-Year Rule for Workers’ Comp in California?
A: The “five-year rule” in California workers’ compensation refers to the period of time that an injured worker has to reopen their case and seek further payments. The day of the injury marks the start of this period. If the worker’s health worsens or if new medical issues that are related to the original injury arise within these five years, they may be eligible to pursue extra compensation.
Q: What Are My Rights Under Workers’ Compensation in California?
A: Your rights under workers’ compensation in California include:
- Medical care
- Short-term and long-term disability benefits
- Vocational rehabilitation, if needed
- Death benefits for dependents if the accident results in death
Additionally, you are shielded from retaliation for making a claim. These rights guarantee that wounded employees get the assistance and pay they require as they heal from injuries sustained at work.
Q: How Long Can You Be on Workers’ Comp in California?
A: In California, you are eligible to receive up to 104 weeks of temporary disability payments throughout a five-year period from the date of the accident. Benefits may last up to 240 weeks for some serious injuries, such as chronic lung diseases or severe burns. Depending on the severity of the impairment and the rating given, permanent disability benefits may be paid for an extended length of time.
Contact Diefer Law Group, P.C., Today
If you have been injured at work, workers’ compensation may be available to you. An attorney at Diefer Law Group, P.C., can help. Contact us today to speak with one of our representatives.
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