Ventura Personal Injury Lawyer - Workplace Discrimination

California Workers Face a Furlough

James Cool — Fri, 30 Jan 2009 01:30:09 GMT

The Silicon Valley Mercury News reports that a Sacramento judge has given California Governor Arnold Schwarzenegger the go-ahead to furlough hundreds of thousands of California government employees for two days a month. Originally, unions had brought legal actions alleging that the Governor had exceeded his power. Under California law the Governor is typically required to negotiate significant changes in pay for state employees with the Legislature. However, the Hon. Patrick Marlette, found that California’s overwhelming budget crisis justified the Governor’s decision, giving it proper legal authority. No doubt, the court considered the impact of the furloughs which will save the state a projected 1.3 billion dollars. Sadly, this is cold comfort for the more than 250,000 Californians who will see a 9% reduction in their annual pay for this fiscal year as a result of the furlough. The furlough is scheduled to begin by early February and may last until the middle of 2010.

At present, the furlough is being cast as an alternative to massive lay-offs. In fact, for many Californians not working in the public sector, lay-offs are already an unfortunate reality. Although, help may be on the way if the house-approved stimulus package is signed into law. The more than 800 billion dollar stimulus is slated to create 4 million jobs, with 800,000 of those in California alone. However this job growth will not be fully realized until the end of 2010. Until then, Californians will likely still continue to cope with job loss and economic downturn.

The furloughs are not unique to California. The nationwide recession has prompted many other states to consider and implement work furlough programs either state-wide or in various state departments. In many states, employees who suffer a loss of income as a result of a furlough may be eligible for unemployment benefits for the time they are furloughed. For more information, please visit the website for your state’s department of labor. If you have questions regarding unemployment benefits and/or feel you have been wrongfully denied unemployment insurance, you are encouraged to seek out an attorney experienced in handling unemployment cases.

Finally, because the current economic crisis has produced reduced revenues for many companies, lay-offs and terminations are on the rise. If you feel that you have been wrongfully terminated for cause ( “fired”), you are encouraged to seek out an attorney with experience handling these kinds of cases. Some employers may purposefully terminate an employee who is salaried at a higher rate than others or who may no longer be needed on “trumped up” or untrue bases to avoid that employee collecting unemployment benefits and thus driving up the employers unemployment insurance premiums. If you feel you have been the victim of this, or any other kinds of discrimination, you should seek the advice of an attorney.

Originally posted at InjuryBoard by James Cool

Governor Receives Criticism for Failures in California’s Workers Compensation System

James Cool — Sat, 17 Jan 2009 20:46:18 GMT

Visit Governor Schwarzenegger’s website and you’ll see news of plans to disseminate 18 million dollars in job training grants that are meant to help get the unemployed back to work. But the Governor has received criticism lately because what you won’t see are plans to protect workers from injuries on the job once they do get back to work. Tens of thousands of Californians injured while working are facing inadequate medical care, denials of insurance payments, and compensation for permanent loss that is among the lowest in the nation. Restricting the protection for workers on the job can only pose further challenges for many already concerned about the economy and making ends meet. Some critics blame the Governor’s 2004 changes to worker’s compensation for the fact that California workers face a plight unparalleled by others in the nation when it comes to coping with workplace injuries.

Such criticism was prevalent when Richard Chance, an injured worker, held a press conference in Sacramento just before Christmas. Chance as working as an Operating Engineer on site when a motorcyclist flew around a corner, striking Chance and a co-worker. Chance was thrown 35 feet back in the air. He suffered a broken femur that punctured his skin, a pelvic fracture, a broken tibia, a broken fibula, and a traumatic brain injury. Richard lost 41 pints of blood. His femur didn’t heal properly and he had to have a new rod implanted. Richard also developed a blood clot in his lung. Chance explained at the press conference that he is still injured and hasn’t recovered – but that nevertheless, he will lose his temporary insurance coverage thanks to a 2-year cap signed into law by Governor Schwarzenegger. Even if Chance had a claim against the motorcyclist, litigation can take months or years, and Chance needed medical care – and compensation, immediately. The law – one that the legislature has attempted to rectify – hasn’t been changed as Schwarzenegger has vetoed attempts to help injured workers. Critics claim that the law favors insurance companies and allows them to delay approving medical care and wait-out an injured worker until they meet the cap. This is what happened to Chance, who is still unable to return to work and now being denied assistance that would help his family make mortgage payments.

Unfortunately, Chance is not the only one impacted by insurance delays and denials. Commentator Todd McFarren asks, “How can our state government continue policies that penalize our working men and women, and reward insurance companies for denying and delaying legitimate care and compensation?” Since the Governor’s changes in 2004, the insurance companies have reaped the reward of the caps, pocketing the profits of delay and allowing the taxpayers to foot the bill for support of injured workers. McFarren reports that the insurance companies have had record profits since the Governor’s changes.

If you have been injured at work and are facing delays from your insurance company, and you need assistance, you may want to consider speaking to an attorney that can help you navigate the workers compensation and insurance systems. Especially if you need to focus on recovering, you may be well served by having a strong advocate on your side.

Originally posted at InjuryBoard by James Cool

Returning to Work: Getting Information About the Return to Work Process

James Cool — Sun, 21 Dec 2008 16:05:11 GMT

With the year wrapping up, many workers are taking time off to spend with friends and families. But workers who have been injured on the job just prior to the holidays may be planning on returning to work just after the New Year. Many plan on convalescing this way, returning to their original duties or to transitional duties after the holidays end. Yet the return to work can be more complicated than packing a lunch, punching the time clock, and getting back to the grind.

New laws, including A.B. 2181, were passed this year addressing worker’s rights with regard to occupational injuries. The bill requires that the administrative director of the Division of Workers' Compensation (DWC), in consultation with the Department of Fair Employment and Housing (DFEH) and the Commission on Health and Safety and Workers' Compensation develop and publish guidelines for employees and employers that cover the “return to work” process. Such a requirement is significant because discrimination can occur when an employee returns to work following an industrial illness or injury. For that reason, protections against discrimination is available for workers, whether they have taken time off for their own injury or under the Family Medical Leave Act. Once the guidelines are published, employers will have to provide the information to workers on disability. However, employers have a duty not to discriminate against workers even now, before those guidelines are published and made available to workers.

Both the Occupational and Health Safety and Human Rights Acts create a duty – employers must attempt to accommodate an injured employee. If possible, transitional work should be made available that is consistent with the worker’s abilities and attempts to restore the worker’s pre-injury earnings. Transitional work, however, is not always available. But a well conceived “return to work” program can be a proactive way for employers to help injured workers stay at work or return as soon as physically possible. For many, the end of the holidays and the current economic crisis may make the call back to work all the more insistent. However, if you have sustained an on-the-job injury and you feel that you are being pressured back to work before you are ready, you may wish to speak to an attorney. You may also wish to speak to an attorney if you feel pressure not to return to work when you do feel ready or have been cleared by a medical doctor.

Originally posted at InjuryBoard by James Cool