We will start by explaining that compensation for workers is a benefit that any injured worker has legal access to and where their employer has the obligation to respond.
Regularly this type of benefits include medical care and treatment of your condition, temporary disability in case the worker cannot return to work immediately, some form of financial compensation in case the worker has permanent injuries and even death benefits.In cases like this, it is important to let you know that you have the backing of the law to take legal action in pursuit of fair and of course transparent worker compensation.At Conexión Legal, we are a law firm for Latinos with more than 40 years of experience, which has attorneys in California specialized in situations like yours; contact us through WhatsApp or Schedule your Consultation to receive the free and transparent advice you need.
An Unjustified Dismissal Is Not Always a Legal Case
Contrary to what is thought, an unjustified dismissal does not always represent having a valid case to bring before court. While your employer has the right to dispense with your services whenever it suits them best or for "any" reason, only specific reasons are penalized by law and you can proceed accordingly.The law does not establish in any of its points that your employer is obliged to give you a reason for being fired; therefore, if you seek to obtain some compensation, it is important to first identify whether you have a case.There are some exceptions to the "at-will termination" rule that must be respected, such as:
- Your employer cannot fire you because of your race, sex, skin color, nationality, religion, gender, sexual orientation, age, disability, pregnancy, medical condition, being a carrier of COVID-19, language, accent or marital status.
- Your employer cannot fire you in retaliation for exercising your legal rights.
- Your employer cannot fire you for reporting your employer to a government agency or the police.
Regarding COVID-19
It is possible to file a claim for workers' compensation for contracting coronavirus in the same way as any other workers' injury claim; however, there must be evidence that the virus was contracted as a result of being at or traveling to your job.
In case you suspect any work-related exposure, you can legally file a Workers' Compensation claim against your employer, where you must obtain, fill out and deliver a DWC-1 Form to your employer; as a verbal notice is not sufficient to initiate a claim.
It is from then on that the insurance company of the workplace will have a period of 90 days from receiving the claim form to make a decision regarding the acceptance or rejection of the claim.If your compensation request is denied, you will not receive any monetary compensation for the time you missed work as temporary disability and neither for medical treatment through the Workers' Compensation system, so you will have to pay for medical care on your own.
If the claim is delayed, during the corresponding period, the insurance company must pay up to $10,000 dollars in medical treatment. Additionally, even when the claim is accepted, according to state law, the first three days of temporary disability are not paid until the injured worker has been absent from work for 14 days. Payments then begin and are paid every two weeks from then on.
After this explanation, all the dates and procedures can seem confusing to you, which is why having the support of an attorney in California, expert in the subject and in representing Latino people, will always be the best option to guarantee a fair amount and time in which you can collect the compensation. At Conexión Legal, we have the free advice you need. Contact us right now.
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