Furthermore, the tendency for employers to misuse their power has been a familiar problem for employment lawyers. But it is an important issue, which is highlighted and exacerbated by the current pandemic. Many employers are responding to COVID-19 either by (i) keeping their businesses open and running as far as possible and (ii) cutting costs by any means available. Even though these actions are legitimate, they both come with increased risks of employers abusing their power with the aim to shift the burdens and costs of the COVID-19 pandemic on their workers.

It is understandable that employers want to keep their business open and operating as close to normal as possible. Despite introducing a general lockdown, the California labor law expressly permits people to leave their homes to work where it is not ‘reasonably possible’ to work at home, and the ban on gatherings of two or more people does not apply where these are essential for work purposes. In this time of crisis, it is important for all California employees to understand their rights in the workplace and to know where to turn to if those rights are violated. This post, therefore, focuses on the employee’s employment rights during COVID-19 beyond the statutory health and safety obligations.

EMPLOYEE RIGHTS

It is generally a breach of an agreement for an employee to fail to turn up at their workplace and perform their job, as they would do normally. It may lead to dismissal or corrective action. However, the COVID-19 coronavirus pandemic has altered this basic position in quite a lot of ways. California employers who require their employees to come to work may themselves be breaching the implied duty of confidence and trust owed to their employees, or their duties of care in the contract provided there is one. Whichever way, employees can resign and pursue a constructive claim for dismissal, partially because of the difficulty they may face in finding new work during the crisis.

RIGHT TO A SAFE WORKPLACE

Subject to the California Occupational Safety And Health Act, employees have the right to a safe workplace. Your employer is required to take reasonable steps to ensure your workplace is free from any serious and imminent danger during the Covid-19 coronavirus pandemic, and that includes:

• Performing a COVID-19 risk evaluation
• providing and enforcing the use of face masks, hand sanitizer and other PPE suitable for your workplace
• Introducing social-distancing measures like work station rearrangement, staggering schedules; and thoroughly cleaning and disinfecting the workplace, particularly high-touch objects and equipment.
• Regular adherence to guidance issued by the government.

If you belong to the vulnerable groups of employees, or your employer cannot guarantee most of the safety measures mentioned above and you believe you are in great danger if you return to work, then you have the right to stay at home. You are also free from reprisals or any disciplinary action or pay cuts, which are illegal under the California labor law.

RETURNING TO WORK AND EXPOSURE TO COVID-19

As California is gradually easing the lockdown, most businesses are also putting things in place for employee’s safe return to work. Employees that return to work to comply with their employer’s instruction may be exposed to catching COVID-19, and the employers to a criminal sanction.

What if an employee gets COVID-19 coronavirus on their job and believes it was their employer’s fault. Is it possible for the employee to sue their employer for compensation? With just a few exemptions, California workers who contracted COVID-19 at work cannot sue their employer for the losses arising from their illness (including suffering and pain) in any civil court. Often times, the employee will only be restricted to pursuing relief through a workers’ comp claim.

EXCEPTION TO WORKERS’ COMPENSATION CLAIMS

The exceptions to the workers’ compensation claim are when you were injured or ill because of your employer’s deliberate wrongdoing, severe and willful misdemeanors, contrary to mere negligence. In this case, you may sue your employer outside of the workers’ compensation system.

To prevail on such a claim, the infected worker would have to prove that the employer maliciously engaged in such misconduct. Mere opening up for business after the California government has said it’s okay may not amount to willful misconduct – but opening before that might. Furthermore, employers may face a greater liability risk under such a claim if they carelessly and maliciously fail to provide necessary protective equipment or enforce social-distancing or hygienic guidelines.

THE EXECUTIVE ORDER

In the Executive Order N-62-20 signed on May 6, 2020, California Gov. Gavin Newsom mandated a conjecture that “a worker’s COVID-19-related illness or injury shall be assumed to stem out of the workplace for the purpose of awarding workers’ compensation benefits if some requirements are satisfied”. Under the executive order, the presumption only arises if the worker tested positive for COVID-19 coronavirus or was diagnosed by a qualified doctor as having the disease within 14 days of resuming to work as directed by the employer or at the employee’s place of employment. The presumption does not arise if the employee works from home during that timeframe, or if the worker was otherwise off duty on or after March 19, 2020.

The existence of a presumption does not mean the source of the employee’s infection is undisputable. On the contrary, the executive order confirms that the presumption “may be refuted by other evidence”. Although there probably won’t be a rash of employee lawsuits related to COVID-19, it can be very tricky to establish the basic causative links between the employers’ breach and the employee catching the virus. Therefore, most claims related to the coronavirus may be covered by workers’ compensation, but would usually specify that the employee was exposed to the virus at the workplace and became sick, unable to work, and require medical attention and treatment. Moreover, employees can receive benefits for a work-related illness or injury quickly without having to prove that their employer was at fault. If the employee has paid sick leave benefits exclusively available in response to COVID-19 coronavirus, those benefits should be used before any workers’ compensation benefits are collected.

If you contracted COVID-19 at work or you feel you have good reasons to sue your employer because of their conduct about the COVID-19 pandemic, I would suggest that you consult an experienced employment attorney. United Employees Law Group will explain your options for seeking compensation for the losses you have suffered—whether from contracting the disease at the workplace or from taking steps to prevent it.

WRONGFUL TERMINATION FOR “WHISTLEBLOWER”

Employees that are concerned about safety in their workplace have the right to speak up without fear of retaliation. This is known as whistleblower protection. But if an employee is fired or dismissed due to circumstances where they have raised a health and safety concern or complaint, for instance;

• On the lack of Personal Protective Equipment (PPE) that they consider appropriate for your role (to limit the spread of COVID-19),
• On working in hazardous conditions,
• In violation of stay at home orders or of physician’s orders – then this may be an automatic wrongful termination.

The California labor law prohibits an employer or any person acting on behalf of your employer from wrongful termination or retaliating against their employees for acting as a whistleblower. If having raised a health and safety concern the employees are subjected to unfair treatment from their employer or any person acting on behalf of the employer leading to discrimination/harassment and employment termination, then the employee may have a right of action.

LAYOFF

Laying off an employee is different from firing an employee. Subject to the California labor law, employers are prohibited from firing an employee because they are sick or have COVID-19 or other medical conditions. However, if the employer has no work for the employee, or there is less work than usual or wants to cut costs, the employer may decide to lay off some employees (both sick and healthy).

Laying off workers is one of the toughest decisions for a company and most likely to land an employer in legal trouble. Before laying off workers, employers must have carefully considered different alternatives and set criteria for which employees to lay off. To ease the pain for employees that have been relieved of their employment, they have the right to apply for the new COVID-19 Pandemic Unemployment Benefit.

SICK AND LEAVE PAY

Employees showing symptoms of COVID-19 have the right not to go to work. While they are sick with COVID-19 coronavirus, the employee may be entitled to statutory sick pay from their employer. This is also paid to employees who are self-isolating because someone in their home displays symptoms of COVID-19, or they decide to stay at home due to a high risk of severe illness from COVID-19. The statutory sick pay takes effect from the first day that an employee is self-isolating, provided it is part of the employee’s contract of employment. Otherwise, employers are not mandated to pay their employees if they cannot come to work because they are sick with coronavirus. In such a situation, the employee should apply for the COVID-19 unemployment claim.

If, on the contrary, the employee is not sick, but could not return to work because they have kids or other relatives to cater for, they can ask their employer for paid leave. If the employer denies the paid leave, the employees can ask for statutory leave as specified in the California labor law.

Can An Employer Request to Take The Temperatures Of Their Employees At Work?

Of course, yes. Because of the present pandemic crises, employers can request information from their employees about symptoms, and this includes taking your body temperature at work – and requiring that you stay home if you are sick.

 Do Employees Have To Tell Their Employer About Their Medical Condition(s)?

The California Occupational Safety And Health Act allows employers to ask their employees about medical conditions ONLY if it is to protect other workers from infection. Employers may not ask an employee who is asymptomatic (not displaying symptoms of an illness) if they have any medical conditions that might increase their vulnerability to the coronavirus.

For instance, the symptoms of COVID-19 coronavirus include cough, fever, and shortness of breath. Employers may not ask their employees who are not showing those symptoms about any medical condition that may make them more vulnerable to the virus. Employers should, however, inform their workers about the risks of infection. This way, employers may encourage their employees to present any personal medical information, but that depends on the decision of the employee.

WHAT CALIFORNIA EMPLOYERS CAN DO

Employers also have to be careful of this new presumption that a worker’s COVID-19 infection may be an industrial sickness protected by workers’ compensation laws. To protect themselves against possible claims that a COVID-19 infection was caused by willful misconduct, California employers should consult a competent attorney while they prepare to reopen for business.

FINAL THOUGHT

This post is not calling for employees to refuse to work during the COVID-19 pandemic, but that the crisis should also not deny employees (including essential service workers) of their basic right to safe working conditions. United Employees Law Group understands that these are challenging times for both employers and their employees, and we are particularly concerned about helping to protect employee’s jobs, wages, and livelihood as mandated by the “Equal Employment Opportunity Commission” and “California Department of Fair Employment and Housing”.

CONTACT US

If you are concerned about your rights as an employee or you feel your rights have been violated by your employer during this pandemic period, do not hesitate to contact United Employees Law Group. We are here to answer your questions, and help you understand what you can do to protect you and your job during this time.

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The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the rules. Failure in complying could result in either minimum claim attained or completely denied.

Don’t let the following mistakes cost you a lot of money:

Assuming not to be entitled to a worker’s compensation- you do not have to ask yourself this question. If injured at the workplace, then you are entitled to worker’s completion act. It is, therefore, your right to claim compensation for your medical bills, without question.

Failure to report the accident- report the accident to your employer as soon as possible. It should be in writing or in person.

Failure to report to your doctor- all the details of the accident have to be on your doctor’s record. Any information absent will lead to denial of your claim. Don’t give them an excuse. A complete and accurate report is always necessary.

Failure to stay in contact with your employer- be available always for inquiries by your employer even when you do not work. Further information on your occupational injury may be required or you may be required to verify the information you already give.

Seeking coverage through a private health insurance- you should note that your health insurance covers medicals bills and also will not cover for on the job injury. But your worker plan covers all the costs associated with your injury or disability benefits.

Failure to claim due to no event caused the injury- do not assume, you may be eligible to get benefits as long as the injury was along the line of duty in your workplace.

The thought that pre-existing conditions will make you ineligible- as long as your pre-existing conditions are made worse by the injury, you are therefore eligible for benefits. The workplace injury has to be the reason for treatment in this scenario.

What if the employers seek to prove nothing has happened to me? Let this not be a question. To avoid paying for you they may try to prove that you are fine. In this case, it is nice to visit a trusted doctor and hire a worker’s compensation attorney. It is essential for financial help and also for your defense in court for the extremes.

Allowing the employer to “doctor shop”- they do not have the right to direct you to a specific doctor if they at all agree to pay. If they try to switch you to another doctor, you should consult a lawyer immediately.

Avoid costly mistakes and avoid delays by getting your work injury compensation filed correctly the first time.

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A lot of companies and industries today rely highly on the use of machinery and equipment for their day to day functions and construction operations. Companies such as the construction, mining, manufacturing, and transportation need to follow basic safety precautions to keep their workers and operations off risks.

The companies can be able to keep their industries risk free, but there are dangers that a company cannot manage fully. Machines can malfunction from day to day operations, and such occurrences cannot be prevented entirely but rather managed. This can further prevent risks that can be exposed to their employees too.

Some law firms and companies in California serve as strong advocates for the humanitarian rights fighters for the employees who may get injured in the line of duty. They help the workers to get justice and to understand their rights. They also ensure that the workers get compensation if they get injured or exposed to risks in their jobs.

Obligation to Safety

Companies should ensure that their construction machinery is not faulty and that their equipment should not pose dangerous scenarios to their employees. There should be sufficient space created within the working area. This will ensure easy management of the risk if any may occur. Companies should ensure that their workers are working in a risk-free environment and that it does not violet the machinery guarding and operations.

Different companies have handled numerous cases that involve equipment and machinery such; factory machines, tractors, forklifts, dumpers, nail guns, belt sanders, and defective conveyor belts. These are some of the machinery and job-related equipment’s that may pose risks to the employees.

What To Do When Injured

If a worker is injured by a defective construction equipment when at work they can be able to help themselves by filing a compensation claim against their employer or company. They may be in turn be eligible for related medical benefits and supplementary income packages to cover them throughout the period that they are receiving their treatment.

Manufactures should also ensure that they produce products that are not defective to their consumers and customers too. This is very important as it will save the company from the costly and the lengthy lawsuits that may accompany such an occurrence. They should test their product to ensure that they are defective free and that they meet the required standards of production and their use.

If any defective may arise and cause serious harm to the product user, the next of kin or family may file a lawsuit claim to get compensation from the manufactures. This will enable the family get compensation and know the actual cause of the injury that may be caused by the product or the company. To avoid all this companies and industries should ensure that such risks are well cautioned and prevented from happening.

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A workers compensation lawyer will work with you through the claims process. If an employee is injured while on the clock, the employer’s insurance should provide financial protection for the individual. However, a claim must be filed, and the insurance company must approve the claim for the individual to receive this coverage.

Though the process is strictly regulated, it is still possible for individuals who are in need of such claims to be denied coverage. That could mean you are paying thousands of dollars in medical bills because of a mistake somewhere in this process. An attorney can help you to avoid those complications.

The Employer Didn’t File the Claim

Though it is not legal for them to do so, some employers will not file such claims and will offer to pay out of pocket for such types of medical issues. The problem with this is that it does not protect the injured individual. Without a paper way, there is no way for you to prove that you were injured on the job. That is a significant risk for you to take. Rather than do this, work with a workers compensation lawyer to get the type of protection you need to avoid this kind of problem.

The Insurance Company Denied The Claim

It is common for individuals to make mistakes during the filing process and for the insurance company merely to deny coverage. You do not qualify for such levels of protection in some instances. For example, if you are facing concerns related to a claim that you have no evidence for, it may be hard to prove your case. However, with the help of attorneys, you may be able to get the help you need finally.

If you have been denied, it will be up to you and your attorney to petition for an appeal. This is done through a specific method. If you were missing information or otherwise limited terms of evidence, you would need to correct that problem before trying to file your claim again. The attorneys will help you to gather such information. If the claim is further denied, it might be necessary to take the process to court for further exploration of your risks to compensation.

There is no doubt that this process can be a challenge. However, there is help available. With the aid of an attorney, you can finally get the compensation you deserve. The key is to hire a workers compensation lawyer as soon as possible. Putting it off could obligate you a lot in the long term.

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Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind of financial aid they may need. These compensations ensure that a worker is justified in receiving claims and insurances by the company or the employer. These compensations also help the worker to get back on track swiftly. There are a lot of car accidents each year. It is vital for a worker or an employee to understand what his/her options are when they are in a car accident while on duty or working for the employer. It is important for a person to know their legal rights in this scenario as car accidents can prove costly both in terms of health and finance.

Rules and clauses for receiving worker’s compensation and the means to go on about it

The rules and regulations for car related accidents while on the job are different state wise. However all laws state that you need to be on the job while the accident occurs. You cannot be driving for a personal cause while the accident occurs. If you are driving for a reason that includes working for the employer or other work related options that require you to be away from your office or work place, you can get worker’s compensation. This occurs in the situations where you may be running an errand or chore for the employer, you are making some sort of deliveries for the employer or the company, you are transporting another employee, if you are driving for a living, if you have no fixed office or workplace and have to drive for a living or if you are paid by your employer for your travel time. All these clauses typically means that you cannot claim worker’s compensation if you are driving or coming back home from office. However if you stopped midway to run some errand for the company or to pick some supplies and then got in to an accident, you may be eligible to receive compensation.

Worker’s compensation claims will only be entertained in a court of law if the worker can prove that the accident caused was due to the fault of the other driver. Also in a worker’s compensation claim, the person who was in the accident will only receive compensation for his/her medical bills and lost wages. He/she will not get any kind of remuneration for damage to property whatsoever. Property damage claims will be entertained in a civil claim and not a worker’s claim. It may be possible to combine both a worker’s claim and a civil claim in some cases. If the accident was due to the fault of the other driver, it may be possible to receive a civic claim.

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California law requires that all employers have workers compensation insurance even if they have only one employee. Employers located out-of-state are required to have workers compensation insurance if their employees are hired in California. Sole proprietors do not need to have this coverage if they are the only person working in the business. This also applies to businesses that are jointly owned by both spouses.

Temporary and part-time employees must also be covered. Employees classified as supervision, managers or executives must also be covered.

Employees who spend the majority of their work hours outside of the office must still be insured. Employees who are allowed to drive a company-owned vehicle to and from their work site will likely not be covered if they use the vehicle for a purpose not related to their job. The workers compensation insurance carrier should be consulted about this situation.

Workers compensation insurance coverage can be purchased through a licensed agent authorized to provide this insurance in California. If an employer cannot find an insurance company that is willing to insure their business, then the State Compensation Insurance Fund is required to provide the coverage.

Employees can find out which insurance company currently insures their employer and which company provided insurance during the past five years. This information is available by consulting this website: to http://www.caworkcompcoverage.com . A nominal fee is charged for this service.

Employers can be self-insured meaning that they can create a fund for the purpose of paying the claims of injured workers. The state imposes strict regulations on these funds and the companies that establish them. Currently, 1 out of 4 employees in California is covered by company self-insured plans. Employees can check this website to verify that their employer is self-insured: http://www.dir.ca.gov/osip/sip.html.

Employees are not required to pay any part of the employer’s workers compensation insurance coverage. The insurance is considered to be the cost of doing business and employers are forbidden to ask employees to pay part of the costs.

Not providing workers compensation insurance is a criminal violation and employers are prosecuted for the violation.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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Most workers’ compensation claims depend on working environment mishaps, work environment sicknesses are typically secured including those that emerge from proceeded with presentation to perilous poisons. Moreover, monotonous movement wounds may likewise be secured which result from proceeded with occasions at work.

A great many people may endure mental illnesses because of work components, for example, push, gloom, tension of even post-traumatic stretch issue. Such diseases might be secured under workers’ compensation. Like with physical wounds, express workers’ compensation laws may cover ailments that emerge from a solitary occasion, for example, PTSD or conditions that outcome after some time, for example, discouragement or tension.

mental sickness can once in a while be secured under workers’ compensation for mental illness if you can demonstrate that your work essentially brought on the mental or psychiatric issue. It must be demonstrated that the mental circumstances were the consequence of anomalous work conditions.For illustration, if a specialist endures a mental breakdown in the wake of being exhausted to the point of weariness, or subjected to savage proclamations or dangers at work, this could qualify as a compensable harm under workers’ comp.

The majority of the complexities of seeking after a dysfunctional behavior assert for workers’ compensation are following the emotional sickness to the occupation since workers’ compensation is accessible for those wounds and ailments that emerge from the course of business. Therefore, an inquirer must have the capacity to set up the causal connection between the work environment and the dysfunctional behavior. For instance, for a push related claim, the inquirer would need to exhibit that he or she endured stretch in light of working environment figures rather than individual ones.

Some state laws may express the weight of evidence that a petitioner has while affirming a work environment damage or disease. For example, NJ requires the petitioner to set up that he or she was a representative and that the harm was brought about while he or she was grinding away. In a few examples, the inquirer might be required to build up that he or she endured a perpetual condition that brought about the loss of utilization or capacity of a body part.

The tribunal may require the petitioner to appear from a target angle how the emotional instability was business related. This may even require an assurance that the work conditions unbiasedly would have prompted a psychological wellness issue, for example, a dispassionately distressing work condition. All things considered, this may require the petitioner to show that the push of a specific position was more noteworthy than the stretch intrinsic in any occupation.

A few states have proceeded as to specify in the workers’ compensation statute the components important to set up a push related claim or a claim in view of other emotional wellness issues. At the point when these components are a piece of a statute, the outcomes can be more steady than when chosen under custom-based law standards.

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Workers Compensation funding is cash advance against your pending worker’s compensation settlement, claim or lawsuit. Workers compensation covers injuries and diseases that might result from your job, but, when it comes time to claim, you will want to ensure that you know exactly what this type of insurance covers so that you do not get a nasty surprise once you have taken sick leave or paid off your medical expenses.

When working in an office, or in a cool job selling clothes or flowers, we don’t typically think about workers’ compensation or the types of injuries that can occur. The fact is that while it’s true, certain industries have a much higher rate of workplace injuries, these accidents can happen to anyone. Here are some examples of things that can happen and are covered by workers’ compensation.

The most obvious type is the simple injury, when an accident occurs and something physical breaks right on the spot. For example, a construction worker may be bringing up some wood to a high floor. While construction sites use some security features, accidents can still happen. The workers will typically be attached by a cable, but the cable may not be attached correctly, either by mistake or because of equipment failure. If the construction worker makes a mistake and falls, he can easily end up several floors below. This can mean broken bones and a long recovery time. Another example of a direct injury is if you work in an office, with office supplies. Often, an employee also has as part of his or her duties to fill up paper in the copiers. Accidents can happen, where the wrong door gets opened, and the searing hot drum gets into contact with a hand. The drums inside copying machines are extremely hot and can cause burns. This can lead to medical bills which would be covered by workers’ compensation.

A less obvious type of injury is a long lasting illness. For example, an office worker may, over time, develop carpal tunnel syndrome, which occurs after typing on a keyboard for long hours. This can be quite painful, and requires medication to bring the pain down. Or, another example would be a technician who is hired to maintain plumbing equipment in an old factory. After a few years, it’s discovered that toxic materials were used in the construction of the walls. This can cause some unforeseen diseases that develop over time, and require treatment. In this type of incident, it’s harder to get compensated, because it’s up to the employee to prove that the illness they have has been caused by their job description. However, if they can bring enough evidence, then the employer will have to cover them.

Overall, there are thousands of examples of injuries, everything from simple accidents to serious, long time diseases like cancer. It’s also not always something that occurs indoors or at a job site. A truck driver can easily be involved in a traffic accident, and because the truck was part of the job description, again workers’ compensation would cover it. The important thing is to be aware of what can happen and to try mitigating any danger. But if something does happen, you know what will be covered by your policy.

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