Recognizing and Completing a Workplace Discrimination Complaint

Discrimination at the workplace happens every day in multiple forms. If an employer has treated you unfairly, you have rights that protect you. Some examples are race, age, physical or mental, gender, marital status and medical condition.

Unlawful employment discrimination states the employer’s discriminatory conduct in a term, condition or privilege of your employment. Examples are refusing a hire, terminating an employee or offering different compensation.

To file a complaint contact the Department of Fair Employment and Housing. Complaints have to be filed within one year from the date of the alleged discriminatory act.  You must pursue administrative solving prior to a civil lawsuit.

After filing a complaint, an employer cannot retaliate against you.  You can not be punished for filing a complaint. Successful claimants will receive compensation for lost wages, punitive and compensatory damages, and attorney fees.

Treatment after Your Work Injury

After a workplace injury or illness, it is imperative you immediately notify your employer. It ensures that your workers’ compensation process will proceed smoothly, so you receive the proper compensation.

If your work-related injury is not notified within 30 days of the accident, you may forfeit your workers’ compensation benefits. After filing your claim, your employer will direct you to a health care provider. Under California workers’ compensation laws, you are entitled to medical benefits while your case is being investigated. After the initial 30 days, and you still need medical attention you may switch to a different doctor, within your employer’s medical provide network, if one has been established. The workers’ compensation program and your employer will dictate the medical treatment you receive.

The claim administrator will decide whether your medical treatment will be approved. Your plan may be subject to review by a third party retained by the claims administrator (utilization review). If your treatment is denied, you may appeal this denial by requesting an independent medical review.  There are time limits on appeals.

It is important to have a Pleasanton work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .

Is my Car Accident Covered by Workers’ Compensation?

The Occupational Safety and Health Administration estimates that transportation accidents were two out of five fatal work injuries.

Workers’ compensation help provides benefits when an employee suffers an on the job injury.  Examples include: traveling to a client, driving a service call, picking up supplies, making a delivery and more.

Most of the time, you cannot receive workers’ compensation for accidents occurring off the clock or during a commute. Instances where you are picking up food for a company party or attending a retreat you may still qualify for compensation.

Many insurance companies dispute car related workers’ compensation claims.  It is important to have a Pleasanton work injury attorney.

Workers’ Compensation

Workers’ compensation can help with much-needed financial compensation during this difficult time.  It helps individual injured on the job with medical bills and lost wages associated with on the job injury or illness.

Employers in California are required to have a workers’ compensation insurance policy.  To be eligible for workers’ compensation, you must have been injured or became ill while acting on behalf of your employer.  Examples include: back injuries, head injuries, amputations, illness, carpal tunnel and more.

To start a California workers’ compensation claim, you must notify your employer immediately after the injury or illness and complete a claim form.  Your employer is required to forward the form to the appropriate administrator within one working day of receiving the claim.

Workers’ compensation can begin while your claim is being handled.  Within one day, your employer must authorize up to $10,000 in medical treatment.  Payments for disability and lost wages do not start until after your claim has been approved.

Speak with a Pleasanton work injury attorney from Robbins, Strunk & Cramer .  We are here to help you with dealing with all the steps in a compensation claim.

Third-Party Injury Claims

If you were injured in a construction accident caused by a company’s negligence or by another person, you may be entitled to lodging a third-party injury claim. In California, it is possible to lodge a third-party claim against the individual(s) responsible. For example, if a worker fell from an improperly designed scaffolding, he can claim workers’ compensation and file a third-party claim against the manufacturer of the scaffolding.

Workers’ compensation only pays two-thirds of a worker’s lost wages. In a third-party claim, it could be possible to recover 100% of lost wages, medical costs, future costs, pain, suffering and more. Workers, who are partially at fault, can still lodge a third-party claim.  The amount of compensation is dependent on the percentage of responsibility for the accident. For example, if the worker is 25% responsible they will receive 75% of the total settlement.  We work closely with your third-party attorney to maximize your benefits in your workers’ compensation case.

If you or a loved one was injured on the job, consult with a qualified Pleasanton work injury attorney at Robbins, Strunk & Cramer for a consultation about your potential case.

Machines or Equipment Causing Workplace Accidents

A lot of the workforce, today we rely on machines and equipment to help with their job. If a machine malfunctions, this can result in injury or even death. Occupational Safety and Health Administration estimates that over 18,000 accidents happen every year.

Examples of work accident from equipment or machines include: supervision failures, defective equipment, inadequate training, lack of adequate safety guards, improperly maintained machines, and lack of protective gear.

If a worker suffers an injury due to negligence of another worker or defective machinery, they are entitled to compensation for expenses and their injuries. Employers have a legal duty to provide a safe work environment. Examples could include training, proper maintenance and safety controls.

Equipment manufacturers are also responsible for any defects that may cause injury.  Examples could include faulty wiring or lack of proper guards.

Most workplace accidents are covered by workers’ compensation claims, buy you may be entitled to pursue a third-party injury claim.

At Robbins, Strunk & Cramer , our Pleasanton work injury attorneys helps you with your case.

Would Proper Security Have Prevented Your Injury?

California Civil Code section 1714(a) states a property owner has the obligation to make sure that the property does not pose risks to those who enter by law. If an individual is injured on an owner’s property, they might have legal recourse against them for having an unsecure environment.

To have a negligent security claim, the injured victim must establish:  the property owner owed for duty of care, knew or should have known there was potential for criminal activity on the premise, inadequate security and directly caused your injury.

California courts assess the accountability of the property owner by balancing the foreseeability of the criminal act and burden of security measures that could have prevented it. Other factors could include if the property owner had similar incidents occurring on the property and if any steps were taken to address the issue.