WORKERS COMPENSATION

HAVE YOU BEEN THE VICTIM OF DISCRIMINATION AT WORK?

                     You may have a workers compensation claim and in some instances a civil claim.

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Discrimination can come cloaked in many forms. And the bases for discrimination are vast and varied. Any adverse actions/inactions/omissions taken against a worker could be considered discrimination if done in bad faith under Workers Compensation Law and form the basis of a discrimination claim/emotional claim. If the adverse actions/inactions/omissions were taken against the worker based upon membership in a group, class, and/or category could also be a violation federal and state statutes and form the basis of a civil case as well.  

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What does Discrimination Look Like

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Discrimination in violation of state or federal statute:

Discrimination in violation of a federal or state statute usually presents as adverse or unfair treatment based upon either country of origin, race, age, gender, religion and sometimes in the workplace disability and familial status. 

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In the work place, discrimination may range from not allowing a fully qualified woman perform what may be considered to be a "man's job" to prohibiting hispanics and blacks to have the same lunch periods. 

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Any one of these classifications of discrimination creates the basis for a discrimination lawsuit in federal and/or state civil courts. In state and federal courts, the remedies are punitive in nature. 

 

It would also create the basis of bad faith employer actions for an emotional injury under workers compensation laws in California. The Workers Compensation Appeals Board is an administrative court and not a civil court and accordingly, there are two possible separate and distinct lawsuits which may be filed. 

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"Discrimination" under Workers Compensation law

Under Workers Compensation law, any of the above types of discrimination may form the bases for a workers compensation emotional injury provided the discrimination caused emotional symptoms. In addition to the above, under Workers Compensation law, unfair treatment, being singled out, being isolated, overlooked for promotions, and a myriad of other personnel types of actions which appear "discriminatory" may create the bases for a workers compensation emotional/psyche injury claim. The Workers Compensation Appeals Board primarily resolves injuries and is not punitive in nature for wrongdoing. 

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LC 132(a) Claim of Discrimination under the Workers Compensation law

Under Workers Compensation law a LC132(a) claim, a separate and distinct claim apart from the injury claim in the above section, may be filed for any discriminatory action against an injured worker because the injured worker filed or intends to file a workers compensation claim. A non-exhaustive list of types of actions may include: being demoted, being fired, getting reduced hours, getting a reduction in pay, being isolated, having your work load increased, and the list continues. This type of claim is intended to return you to your previous status and is slightly punitive.

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It's quite likely that if you have been the victim of discrimination, you know very well both what it looks like and what it feels like. If you think you have been the victim of discrimination at work and that discrimination has caused emotional symptoms, then you may have a work related injury.

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There are strict deadlines in which these types of claims must be presented and filed, and therefore, you should not delay in seeking legal advice. 

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It's important to get your case started correctly from the outset, but whatever stage you're at, we are here to help you obtain the benefits to which you are entitled and which you deserve. 

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We are here to help you. Call us at 1-800-666-6666 for an appointment for a free consultation.

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