Workplace Discrimination and Personal Injury in California

Returning to work after an injury is never fun. It is hard to reacclimate into a daily routine after a life-changing event. The experience is even more challenging when one’s place of work complicates the transition. The work environment should be a safe place, but unfortunately, that is not always the case. Some work environments do not allow for an easy transition. Instead, they make the work environment an emotionally taxing place by subjecting the victim to bullying or harassment. If one is experiencing harassment post-injury that is unrelated to harassment before the injury, they may be a victim of workplace discrimination based on injury.

What Qualifies Workplace Discrimination after Personal Injury?

Workplace discrimination can look different for everyone. For most, workplace discrimination can be, but is not limited to the following:

• Bullying or harassment at work due to injury or taking time off to resolve injury
• The place of employment does not accommodate the needs of the injured party
• The employer does not offer promotions because of their disability or injury
• The employer prevents the employee from returning to work after an injury
• The employer terminates the employee because of the disability or injury

Overall, if the employer does not structure the work environment to be accommodating to the best of their abilities, they may be committing discrimination in the workplace. It is best to contact legal counsel to see if you are a victim of workplace discrimination. The employer should take steps to make sure they meet all necessary accommodations adequately.

Is Workplace Discrimination based upon Personal Injury Illegal?

Discrimination against a person who has suffered a personal or workplace injury is highly illegal. Labor Code 132a defines the crime of workplace discrimination when an employee suffers personal injury.

• Labor Code 132a: The state’s declared policy that employers and co-workers may not subject injured workers to discrimination within the workplace or their work environment. Employers who discharge, or threaten to discharge, or otherwise discriminate against an employee as a direct result of an employee filing or stating the intention to file a claim for worker’s compensation. This also applies to applications for adjudication, the outcome of a rating, award, or settlement. If the court finds an employer guilty of discrimination, the crime is a misdemeanor offense.

How Much Can One Earn from a Workplace Discrimination Settlement?

According to the Labor Code 132a: The employee’s compensation shall be increased by one-half but in no event more than ten thousand dollars ($10,000), together with costs and expenses, not over two hundred fifty dollars ($250). The affected employee is additionally entitled to reinstatement and reimbursement for wages and work benefits lost due to the actions of their employer.

What If One Can No Longer Work after a Personal Injury?

• The employer is required to provide reasonable accommodation to said employee. If the employee cannot perform with reasonable accommodations, the employee would then have to file for permanent disability benefits. If you do not know what you are covered to relieve, do not hesitate to contact the legal counsel to assist your needs.