Injured at Work

Top Disability Discrimination And Harassment Attorneys Enforcing Employee Rights

If you have you been injured at work, there are four important questions you need to answer:

First, was the injury the result of unsafe work conditions?
If so, your employer may be liable.

Second, was the injury the result of a third-party being negligent?
If so, a third-party may be liable to you.

Third, has your injury at work resulted in disability discrimination or harassment by your employer and/or one or more of its supervisors?
If so, your employer may be liable.

Fourth, has your injury at work resulted in a violation of medical leave rights or a failure to reasonably accommodate your disability?
If so, your employer may be liable

Every employee is at risk for an injury on the job. All employees injured on the job have a right to seek workers’ compensation benefits. California workers who contract COVID-19 are presumed to have a workplace injury covered by the workers’ compensation system. Under the existing California workers’ compensation system, employees need to present some medical evidence that their illness or injury was related to work in order to qualify for benefits. To meet that important threshold, they need to establish some reasonable factual basis for asserting that the workplace caused their illness or injury. However, now any “covered worker” who contracts COVID-19, is automatically “presumed” to be a work-related injury without the employee having to provide any further proof. Although this presumption is rebuttable—it is likely to be a high burden for employers to meet. With a communicable disease that can be contracted in a number of ways (many of which are outside your control), most claims are likely now going to be covered by workers’ compensation.

Employees injured at work also have additional legal protections under the law. An injury on the job may result in a permanent or temporary disability. Employees with one or more disabilities have a right to a work environment free of disability discrimination and harassment on account of any actual and/or perceived physical or mental disability. Employees have a right to receive reasonable accommodation in response to their work restrictions and may have additional medical leave rights.

Some employers also retaliate against employees after they exercise their rights under the workers’ compensation system. Retaliation is against the law.

If you have been injured at work and believe your legal rights may have been violated, you should contact a lawyer right away. Our office specializes in enforcing the rights of employees including employees with disabilities.

Contact us for a FREE / NO RISK CONSULTATION today by calling us at 818.788.1123 or sending us an e-mail. We don’t get paid unless you do.