Stephen Danz & Attorney Randy Mason
CAAA State Wide Work Comp Convention.
California’s Labor Code provides protections for workers who are injured and file a claim with their employer. Currently, about 25% of our case load state-wide involves workers who have suffered an industrial injury and have not been brought back to work, or forced to return under circumstances designed to force them to quit, or to send a “message” to other workers that injuries at work, which are then reported to the work comp carrier, will not be tolerated. Employers have attempted to discourage claims in a number of ways. Among them, force injured workers to seek “first aid” instead of going to their or the company’s doctor; to give unpaid time off (“PTO”) for recuperation; to order the employee to use their own, private insurance (with high co pays in many cases); to publicize a possible (or actual) claim to co workers and to advise them that bonuses based on “accident free” days are in jeopardy for all; to actually demote employees on return from leave; to transfer employees returning from leave to distant locations, or to work weird hours, take split shifts, etc. If you are a victim of discrimination based on a work injury, please contact us. Remember that your employer may not rely just on the work comp laws, but must in fact comply with the anti-discrimination laws of California. These include accommodation of medical conditions. This accommodation must include a dialog with you to determine what other jobs you can do, or what limitations might be reasonable on the job you currently have (while still providing that you can do all the essential elements of that job). Additionally, employers must conduct a “dialog” with you to determine if the accommodations available will allow you to work within your doctor’s limitations.
Call the Employment Attorneys at Stephen Danz & Associates today for a free consultation about your work comp case.