Workers’ compensation ensures that employees receive benefits when they are injured, contract or develop illnesses in the workplace. This law helps injured employees cover their medical bills and return to their jobs as soon as possible after an illness or injury. The following are frequently asked questions about workers’ compensation:

How do I file a workers compensation claim?

After an injury at the workplace, you should first inform your employer. If your employer is self-insured then you can file the claim directly. You should then visit a doctor and describe your injury or illness to him/her. Your employer will then give you the necessary forms to fill. The employer will submit the filled forms to the workers’ compensation agency and the insurance company. You should visit the nearest workers compensation office if your employer refuses to help you in filing the claim.

The insurance company will investigate and decide whether to approve or deny the claim. You can appeal in case your claim is denied.

Must the injury occur at the workplace for one to be compensated?

You have the right to be compensated as long as the injury is job-related. You will be compensated if the injury occurs during business trips and functions.

Can I be compensated for all work-related injuries?

This law does not cover all the work-related injuries. Your claim will be denied if you are using illegal drugs or when you get the injury while committing a crime. Also, self-inflicted injuries and those suffered while you are not on the job will not be covered.

Does the law cover all long-term illnesses?

Diseases that are caused by bad working conditions such as heart and lung disorders will be compensated. Therefore, you will receive benefits even if your injury was not caused by an accident.

Does it cover my medical bills?

Workers comp will cater to your treatment expenses. In case of permanent disability, you will receive payments to cater for your lost salary. It may also pay for retraining and rehabilitation.

Does it cover all employees?

Workers’ compensation coverage depends on the number of employees, type of work and also business type. Farmworkers, casual and domestic workers are not eligible for compensation.

How UELG can help you!

The United Employees Law Group (UELG) can help you file the claim and appeal in case it is denied. Contact them for guidance and strong representation during trials. Visit https://www.californialaborlaw.info/areas-of-practice/ for more information about UELG’s services.

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The Division of Labor Standards Enforcement also known as the Labor Commissioners Office is a crucial part of the Industrial Relations Department. It is the department tasked with the responsibility of investigating all worker retaliation claims. It is also in charge of enforcing labor standards in the state of California to ensure that workers do not work under conditions that are substandard or unlawful.

Before delving into the process of filing a retaliation claim, there are a few facts that you ought to understand:

– You do not require the services of a lawyer when filing this complaint. An interpreter will also be provided in case you are not conversant with the English language.

– Any worker can file a complaint with the commissioner’s office regardless of whether they are in the country legally or illegally.

– You will not need a photo ID or social security number to file your complaint.

How Do You File a Retaliation Complaint?

The RCI (Retaliation Complaint Investigation Unit) is in charge of investigating all employer retaliatory complaints made by their employees. Retaliation can be in the form of reduced working hours or dismissal after an employee has spoken out for ill-treatment at work.

Be Prepared to Submit Your Filing

Before you can file, you need to check whether the deadline has passed. Normally, you are required to file within six months after this act has been performed. Understand that even if you miss the six-month deadline set by the Labor Commissioner, you can still file a private lawsuit.

Preparation involves gathering documents that detail the action taken by the employer. Aim to show that you do not have prior cases of misconduct and that you were within your labor rights when the action was taken.

File Your Complaint

Obtain the Retaliation Complaint form and fill all the details. You can get the form from the website or the Labor Commissioner’s offices closest to you. Normally, it is recommended that people visiting the offices for the first time bring their own interpreters. An interpreter will then be provided on subsequent visits after the form has been submitted.

Once submitted, the complaint will be reviewed and a decision made on whether or not to investigate your employer. A notice will be sent to you to communicate the Office’s decision.

Be Cooperative

If an investigation is commissioned, your assigned investigator will most likely take some of the following actions:

• Interview both parties
• Interview witness that could have witnessed the retaliation act
• Make a visit to the worksite to check for possible evidence
• Issue your employer with subpoenas to furnish documents related to your complaint
• Make a request that both parties have a sit-down to discuss a possible settlement

Go to a Settlement Hearing or Conference

In the event that a settlement hearing is set by this office, both parties will need to make an appearance. Here, questions will be raised about the complaint, and the possibility of a settlement discussed.

If the conference is not successful, a hearing date is then set. For the hearing, you can bring your union rep or attorney. The hearing officer will then make their recommendations based on the evidence provided.

Know All the Likely Outcomes

A written decision will be sent to your address to inform you of the outcome reached during the settlement hearing. This could include:

• Receive pay for the lost wages
• Be reinstated to the previous position
• Enter into an agreement to refrain from retaliatory acts in the future

If a decision is entered in your favor, the employers will normally have a maximum of ten days to either comply or appeal that decision.

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If you feel that you have been discriminated against by your employer, then you should immediately file a complaint with Equal Employment Opportunity Commission ( EEOC). If you don’t want to reveal your identity, then another company can also file the complaint in your behalf.

Time: As per law, the complaint should be filed within 180 days from the date of the incident. However, you shouldn’t wait for that long. Gather all the evidence as quickly as possible. If you file the complaint early, then chances of success are also pretty high.

How to File: For filing the complaint, you have to get in touch with EEOC. The best option will be to directly visit their office and file the complaint in person. If that is not possible, you can mail them. You can also call their helpline numbers.

Information: While filing the complaint, you will be asked about your basic details like name and phone number. You may also be asked about the name of your employer and their address. You have to describe in details the complete incident and also the exact date of the incident.

After the complaint: After you have launched the complaint, the EEOC will look into the matter. If your case is serious, then they will try to resolve it immediately. During the investigation, they may visit your workplace and conduct several interviews. If they find out that you have been indeed discriminated against, then you can expect to be compensated. Compensation can be of various kinds. You may be promoted or you may get paid. However, if EEOC fails to solve your case, then you are eligible to sue your employer within the next 90 days. In that case, it will be better, if you hire an experienced lawyer who deals in such kinds of cases.

You should also keep the following things in mind:

1. Before filing the complaint, once go through the anti-discrimination policy of your organization. If your organization has an internal committee to deal with such kinds of cases, then file a complaint with them as well.

2. Throughout the investigation, cooperate with them as much as possible. Give them all the details which you have. It will improve your chances of winning the case.

3. Do not be scared to file the complaint. As per law, your employer can’t retaliate against you or create a negative work environment after the complaint has been filed.

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If your employer fires you because of any reason which is against your legal rights, then you can file a wrongful termination claim against him. California is an “at-will” state, which means that your employer can fire you without giving any reasons. However, there are a few situations, where firing of an employee will be considered illegal.

If you were fired because of any of the following reasons, then you can sue your employer.

1. Contract claims: If you have signed a contract with your employer, that guarantees you employment up to a specific period of time, then your employer is bound to follow the contract. If he violates any of the provisions and decides to fire you, then you will have a strong case against him. It is not necessary that it should be a written contract. It can also be an oral one.2. Discrimination Claims: As per the California Law, employers cannot discriminate between employees on some specific grounds. These grounds include race, age , sex , disability and many other conditions. A pregnant women also cannot be fired because of her pregnancy. Hence, in case your employer fired you on the basis of any one of the above grounds, then you should definitely consider filing a suit against him.3. Retaliation Claim: You cannot be fired just for trying to enforce your employment rights. For example, your employer cannot fire you, if you complain about certain things like additional office hours or improper payment of wages.4. Public Policy Violation Claims: If your employer asks you to do some illegal activity and you refuse, then you cannot be fired. For example, you may be asked to lie to an auditor. However, this is against the public policy. By refusing, you are actually preventing the occurrence of an illegal act. Hence, the law will protect you in this case.

   5. Other Claims: There are also other situations where you can file a wrongful termination claim. For example, if you were sacked after being sexually harassed by your manager, then you can sue him.

   How to proceed with the case: If you think that you were illegally fired, then you should consult a lawyer and proceed with the case. You will need to gather all important evidence like your employment contract. It is advisable that you act fast without wasting any time. A lawyer will be able to guide you through the entire case and also negotiate a nice severance package. United Employees Law Group can help you out in this regard.

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