Dealing with a temporary disability can be stressful, especially if you’re also facing wrongful termination from your job. If you’ve been dismissed while receiving workers’ compensation benefits, it’s crucial to understand your rights, and the steps you can take to protect them. In California, employees are protected under labor laws that prevent unjust termination due to a temporary total or partial disability.
You could also read: How can a claim lawyer help public employees?
How temporary disability benefits work
When you suffer an injury or illness at work, you may be entitled to benefits under workers’ compensation. These benefits are designed to help cover lost wages while you’re temporarily unable to work. The goal is to support employees until they can return to their position or reach maximum medical improvement (MMI). The process of obtaining these benefits usually involves:
- Reporting the injury to your employer immediately
- Filing a workers’ compensation claim
- Getting a medical evaluation
Once your claim is approved, you should begin receiving regular payments to cover a portion of your lost wages during recovery.
How to fight unfair termination due to temporary disability?
Unfortunately, some employers may retaliate or wrongfully terminate employees dealing with a temporary total or partial disability. In California, this is illegal. Employees are protected under several labor laws, including the Fair Employment and Housing Act (FEHA), which prohibits termination based on a disability or medical condition.
If you believe your termination was unfair, here are the steps you should take:
1. Document everything: Keep records of all communications with your employer, including emails, texts, or letters. This documentation may serve as crucial evidence if you decide to file a legal claim.
2. Consult with an attorney: A labor law attorney can help you understand your rights and guide you through the process of filing a wrongful termination claim. MVP Trial Lawyers, for example, specialize in employment law and have extensive experience handling cases involving temporary disabilities.
3. File a complaint: In California, you can file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies will investigate your claim and may grant you the right to sue your employer.
4. Gather witnesses: If any coworkers or managers witnessed discriminatory behavior or retaliation, their testimony can be invaluable in proving your case.
Legal protections for employees with temporary disabilities
The law is clear when it comes to protecting workers with temporary disabilities. Employers cannot fire or retaliate against you simply because you are on temporary total or partial disability leave or receiving workers’ compensation. Some key protections include:
- Workers’ compensation laws: Employers cannot terminate employees solely because they have filed a workers’ compensation claim.
- FEHA: This law ensures that employees with temporary disabilities are treated fairly and are not discriminated against due to their condition.
- Retaliation laws: Employers are prohibited from retaliating against employees who exercise their rights under workers’ compensation or other labor laws.
The role of an attorney in unfair termination cases
Wrongful termination cases can be complicated, but having a knowledgeable employment attorney can make all the difference. At MVP Trial Lawyers, we focus on defending employees’ rights, particularly in cases involving temporary disabilities. They can help:
- Evaluate your case and determine if your termination violated any employment laws.
- Represent you in negotiations or settlement discussions.
- File a lawsuit against your employer if necessary.
- Ensure you receive fair compensation for lost wages, emotional distress, and other damages.
Don’t let unfair termination define your future
Being unfairly fired while dealing with a temporary disability is not only stressful but also illegal in many cases. In this situation, it’s crucial to act swiftly to protect your rights. At MVP Trial Lawyers, we are ready to help you navigate the complex legal landscape and secure the compensation you deserve.If you require the best personal injury attorney, you will find it at MVP Trial Lawyers. With offices in California, we provide legal representation to clients across a wide range of personal injury cases. Contact us here or call us today at (213) 770-7700 to schedule a consultation and learn how we can help you secure the compensation you deserve. You can also meet us at 5 Park Plaza Ste. 1510. Irvine, CA 92614.
