We all work – making money to provide for ourselves and our families. Most of us are employees with employers and coworkers. As such, it is important to fully understand some of the common misconceptions concerning employment law in case you are ever involved in an employment dispute. To acquire all of the information on state and federal employment laws, you should get in contact a local employment law firm experienced in handling these types of issues.
The following are some misconceptions with employment law in California:
- If I receive workers compensation I am ineligible for unemployment benefits:
False. Most workers can still apply for unemployment even if they already receive workers compensation benefits.
- Discrimination and harassment are the same thing:
Discrimination refers to employment decisions based on age, sex, race, religion, etc. Harassment refers to conduct aimed towards an individual. Examples of harassment include physical or sexual contact, insults, and racial remarks.
- I can sue my employer if his or her negligence caused me injury:
This is not true. The only action you can take if you are injured by the negligence of your employer is to file a workers compensation claim. If you need assistance in filing a claim, contact a Sacramento federal employment lawyer.
- Workers compensation will compensate me for pain and suffering:
Since workers compensation is a no fault system, no compensation is paid for pain and suffering. You may however receive compensation for medical expenses and loss of wages.
- My employer can file a claim for me:
This is incorrect. By law, the only person who can file a workers compensation claim is the person who was injured.
- Since I was injured my employer must offer me a light work position:
Once you return to work, your employer has no obligation to offer you a light work position. However, you may be able to request a light work position.
- If my doctor releases me to work I can still refuse:
If you refuse even light work after your doctor has released you, you will only be hurting your case. For sound legal advice, contact a knowledgeable Sacramento employment law attorney.
- I cannot afford a lawyer:
Most workers compensation lawyers operate on a contingency basis. This means you pay no legal fees unless your claim is successful.