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Los Angeles County Workplace Injury Law Blog

What are the common reasons for wrongful termination?

Being unexpectedly fired from your job can be upsetting for several reasons. First, you'll probably feel offended that your boss believed that your skills and dedication toward your job were disposable. Second, you will likely be feeling financially insecure since you do not know where your next paycheck will come from. Third, you may worry that losing your job could affect your career in the long term.

Challenging a dismissal can help you protect yourself from the adverse effects of having your employment wrongfully terminated. The following are some of the common reasons why an employment contract is wrongfully terminated. By successfully arguing that you were a victim of one of the following, you may be able to gain damages.

Workers' compensation retaliation is a real concern

Filing a workers' compensation claim should never subject you to retaliation, but it's a concern among many workers after suffering a job-related injury. Employers often get upset due to the associated insurance cost increases.

Since workers' compensation retaliation is a possibility, it's important to protect against this. Here's what you need to know:

  • Can your employer terminate your employment for filing a workers' compensation claim? Even if an employer is disappointed that you filed a claim, they're not legally permitted to fire you for doing so. You have the right to collect workers' compensation benefits, and taking advantage of that right should never result in retaliation.
  • What type of retaliation is most common? Workers' compensation claim retaliation comes in many forms, with the most common including demotion, pay cut, termination and unwarranted disciplinary action. In some cases, you may experience more than one form.
  • How can you prove that you were the victim of workers' compensation retaliation? Simply stating that you were retaliated against for filing a claim is not good enough. You need to back up the violation with facts. Start by proving that you're entitled to receive workers' compensation benefits. From there, collect evidence showing that you were the victim of retaliation.
  • Are you protected from retaliation? As long as you're eligible for workers' compensation benefits, you're protected against all forms of retaliation from your employer. Keep in mind that you're not protected if your claim was not brought in good faith.

Hip replacement surgery: The timeline is extensive

Hip replacement surgery is often the best treatment for a variety of conditions related to hip joint, ligament or socket problems. For example, if you seriously injure your hip at work, such as in a fall from height, your surgeon may suggest a replacement.

While no two people are the same, there's a basic hip replacement surgery timeline that can give you an idea of what to expect.

The different types of workplace retaliation

As an employee, you are automatically immune from being subject to any type of revenge from your employer. While you could be fired for several reasons, it is not acceptable for you to be fired, or have any type of negative action taken against you, for simply making a complaint or reporting behavior that you thought was inappropriate.

If you believe that you have become a victim of workplace retaliation, you must be aware that retaliation can take many different forms. You should also know what you can do to protect yourself from this behavior.

Financial implications for family of worker killed on the job

Should a family member die on the job in California, what are the implications you face? This is a serious question and one that many people do not consider asking when faced with the death of a loved one. The employer of your loved one might not face any repercussions for the employee's death, but your family surely will, especially when it comes to your financial situation.

First and foremost, the finances of your family will be thrown into upheaval upon a loved one's death on the job, especially if they were the breadwinner or made the most money. The implications will occur almost immediately as paychecks will stop being issued.

The benefits of hiring a workers' compensation attorney

Were you injured or sickened on the job? If so, you have a right to file for workers' compensation benefits. Your employer, if large enough, should participate in this mandatory insurance program in Los Angeles County. These benefits will help you pay the bills while you miss work recovering from your injury or illness. Let's explore the reasons why you should hire a workers' compensation attorney in this post.

Was your claim already denied? If so, an attorney can enter the situation and help you file an appeal so that it is approved. A claim that is denied can go through an appeals process. The best way to handle this situation is with the help of an attorney.

Common causes of workplace deaths across the country

You shouldn't have to fear for your life when you go to work each day. However, there are professions that are inherently dangerous for one reason or another. When you go to work, it's important that you follow all of the safety guidelines and procedures put in place by your employer. These guidelines might one day save your life. Today, we will explore the common causes of workplace deaths across the country.

The statistics for 2017 have been finalized and released by the Bureau of Labor Statistics. Close to 5,200 people died on the job in the United States in 2017. The number of work-related fatalities increased by 7 percent from 2015 to 2016 and then stayed about the same for 2017. All industries in 2017 experienced 5,147 deaths.

Workers' compensation benefits and losing your job

When an employee is injured or sickened on the job, he or she is eligible for workers' compensation benefits from their employer. These benefits are paid to the employee while he or she recuperates from their injury or illness. They are stopped once their doctor deems that they are heathy enough to return to work or to some sort of employment. If you are fired from your job while receiving these benefits, you will keep receiving them.

If you are receiving workers' compensation benefits, your employer cannot fire you simply because you receive these benefits. Your employer is allowed to fire you for other reasons without ramifications if you are an at-will employee. This means that if they can no longer wait for you to return to work and need to fill the position, you might lose your job.

Using Social Security Disability benefits properly

Social Security Disability Insurance benefits (SSDI) are important for thousands of people every year in California. These benefits are paid to people who are unable to work for at least 12 months because of an illness or an injury. Once the benefit checks begin arriving, it's up to you what you do with them. Today, we will discuss the best ways for you to use the benefits you receive from a disability claim.

There are no requirements as to how you are to use your benefits when they arrive. It is entirely up to you as to how the benefits can be used. It's important to use the benefits to pay your bills, pay the rent, make sure the mortgage is paid and that there is food on the table for your family before spending the benefits on anything else. This is especially important if the benefits are the only income you have right now.

How dangerous is the agriculture industry?

Agriculture is one of America's fundamental industries, employing millions of people across the U.S. According to the CDC, there were about 2,050,000 full-time workers who held jobs in this industry in 2017, the most recent year complete data has been made available. Those numbers could continue to climb right along with the general population reported in next year's census.

As necessary and important as this industry is, though, it is also incredibly dangerous. Let's take a quick look at some important statistics:

  • 21.4 workers died for every 100,000 workers in the industry in 2016.
  • That led to a total of 417 deaths during the year.
  • The leading cause of death was transportation incidents.
  • One big type of transportation incident that claimed lives was when tractors overturned on the job.
  • Roughly 100 workers in the agriculture industry get hurt every single day, on average.
  • The above just includes workers who lose time at work due to their injuries, so there are even more minor issues than those that show up in the reports.
  • Strains and sprains are very common, making up half of all injuries in some reports.
  • Young workers face serious dangers; 12,000 of them suffered injuries in 2014.
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