Our Los Angeles labor lawyers and workplace injury attorneys in Los Angeles have years of successful experience seeking compensation for injured workers. If you or a loved one sustained a workplace accident or injury, call our Los Angeles employment law firm today.
Los Angeles Workplace Injury Law Firm | California Workplace Injury Attorneys
A workplace injury or accident can be a grievous and life-altering event. Many blue-collar workers suffer moderate to severe injuries while performing their job duties. This includes machinists, auto mechanics and other workers who perform manual labor. If serious enough, a work-related injury can adversely impact your ability to continue earning a living.
Unfortunately, many workers are unaware of their rights. Many California employers take little to no sympathy on their employees who have been injured and sometimes even fire them, demote them or deny them compensation. Such employers simply see their workers as expendable tools who can be easily replaced. They fail to see the human aspect of the situation and do not care about the cost that such adverse employment action can have on an employee and his or her family. Fortunately, the Americans with Disability Act (ADA) and California Fair Housing and Employment Act (FEHA) prohibit and provide legal sanctions for such behavior.
Employees who suffer from a physical disability, mental disability or other medical condition are entitled to (a) an interactive process with the employer to determine if the employee can continue to work with reasonable accommodations and (b) if a reasonable accommodation is available, to continue working for the duration of any restrictions caused by the injury.
A California employer must make reasonable accommodations for his or her employee who has a known physical or mental disability or risk civil liability under the Fair Employment and Housing Act (FEHA).
A California employer who is aware of an employee’s disability is under an affirmative duty to advise his or her employee that there are other suitable job opportunities with said employer. The employer must also try to determine whether the employee is qualified or has interest in those positions.
Here is a non-exhaustive list of reasonable accommodations which California employers can make for their disabled employees:
- offer the disabled employee a job position for which there is a vacancy
- modify the job schedule to accommodate the employee
- modify the work environment (such as premises infrastructure) as needed
- modify equipment or materials so they are more readily usable for the employee
- provide an interpreter or qualified reader
- make adjustments for examinations
- allow employee time to convalesce or heal by giving him or her periodic breaks or temporary leave of absence
What is an Unlawful Disability Discrimination?
If an employer takes any of the following actions against you because of your physical condition, you may have a claim under the FEHA:
- Refusing to select you for a training program which can lead to employment;
- Discharging you from employment or training program leading to employment;
- Discriminating against you in compensation or with terms, conditions, or privileges of employment.
Wrongful Termination and Discrimination in Employment
As a California employee, you may not be discriminated against in the terms and conditions of your employment. Even though employment in California is “at-will,” you cannot be fired for an unlawful reason, such for a workplace injury. California law has substantial legal protections to prevent employers from discriminating against you based on a protected characteristic.
These protections are embodied in California’s Fair Employment and Housing Act (FEHA), which provides statutory protection, as well as the so-called common law, which recognizes that employees can bring a claim against former employers for Wrongful Termination in violation of public policy.
Workers can also seek Workers’ Compensation. California requires California employers to maintain Workers’ Compensation insurance. A failure to maintain this insurance can result in the imposition of civil sanctions and penalties. Workers’ compensation provides what are known as “no fault” benefits. This means that an injured California employee can receive benefits regardless of the source of his or her injury (i.e., employer, third party, employee, etc.) However, compensation can be severely limited and there may be other benefits to which you are entitled.
Some injuries are catastrophic enough to result in death or paralyzing or other severely-limiting injury. Where death has resulted, the family of the employee can seek compensation under a wrongful death claim. In cases where an employer terminates his or her surviving employee on this basis, the employee’s spouse can seek compensation for “loss of consortium.”
To Find Out More, Contact Us
If you believe your employer has discriminated against you or failed to accommodate you for your medical condition or disability, contact our Los Angeles disability discrimination lawyers, employment lawyers in Los Angeles immediately. We have a Spanish-speaking staff and offer free consultations.