What disability discrimination plaintiff's dont know about attorneys and workers compensation could cost them lots of money! Why an employment disability discrimination attorney might need to be consulted regarding a workers compensation claim. Workers seem to gravitate to workers compensation lawyers for all their work injury related problems. They get injured at work and go to their trusted workers compensation attorney. Many times theyre referred by friends and family for things that happen at work that dont even have to do with a work related injury.
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Things can get complicated when an applicant for workers compensation has questions about employment rights after making a claim. This is especially true when accommodation is wanted to get back on the job, the employer is pushing resignation, or the employer is refusing to reinstate the employee back to work. This sort of conduct is not part of workers compensation, it is a (FEHA) violation and requires a Plaintiffs employment disability discrimination attorney.
Workers compensation claim attorneys are limited in what they can charge clients so in order to make money they have to take on many cases, sometimes resulting in less personal attorney client interactions. They dont usually deal with the implications that a failure to reinstate with accommodation implies under the Fair Employment and Housing Act (FEHA).
Most work related injuries are disabilities under (FEHA) and require employers to (1) enter an interactive process and (2) provide reasonable accommodation so that the injured employee can get back to work. Plaintiffs employment disability discrimination attorneys deal with these sorts of cases regularly.
Here are ten common signs why someone should consult with a Plaintiffs employment law attorney regarding workers compensation claim:
1. Employee wants to work but the employer says they dont have light duty
2. Employer states that they can no longer accommodate work limitations.
3. Employer tells employee they cant return to work until they are fully healed or 100%
4. Employee is able to perform a job with or without accommodation but employer wont let them.
5. Employee gets terminated while on medical leave.
6. Employee is considering a Labor Code 132a claim because they felt retaliation after reporting a disability.
7. Employee has been sexually harassed and only have a stress claim filed with workers compensation counsel
8.Employee has been forced out on leave after doing a job for months with work limitations placed on employee by a doctor
9. All the employee wants to do is work, and believes they can but employer wont let them because they are not fully healed.
10. Resignation is a term of settlement of a workers compensation claim.
There are many good reasons to consult with a Plaintiffs employment law attorney. They customarily give free consultations and work on a contingency basis. They may be able to assist in recovering additional compensation that cant obtain by pursuing a workers compensation claim alone. Successful (FEHA) disability discrimination claims can help get reinstated, recover lost wages, emotional damages, and other damages that have suffered by the employer.
Paul Campbell is a shareholder at Hogie & Campbell Lawyers, Inc. a plaintiffs employment law firm that spends a great portion of its practice representing disabled employees with concurrent workers compensation claims. For more information visit firedme.com and select the disability discrimination link.
