Hostile Work Environment Attorney, Carlsbad, CA

Filing Workers’ Compensation Claims
As an employee in California, you have the right to pursue workers’ compensation benefits for various injuries you sustain on the job. Whether you suffer neck injuries, back injuries, head injuries, neck pain, or permanent or terminal conditions, you can file a claim to pursue a workers’ compensation settlement. 

These benefits are helpful, especially when your workplace injury keeps you from doing your job and earning an income. Below, we’ll explain your rights following a workplace injury, how to file a claim, how this type of situation pertains to hostile work environment cases, and what our workers’ comp lawyer can do for you. 

Which Workplace Injuries Qualify Me for Workers’ Compensation Benefits?
You should know that nearly any injury or illness qualifies you to receive workers’ compensation benefits, so long as your condition or injury occurred while on the job. For instance, if your job requires you to lift heavy items all day long and you suffer a back injury due to repetitive motions, you can file a workers’ compensation claim. However, if you suffer an injury in a car accident and you’re unable to do your job, you can’t go through workers’ compensation benefits. In these situations, you can go through a personal injury claim if negligence played a factor. 

If you work in an environment where chemicals or toxic fumes are present and you get sick, you can also pursue workers’ compensation claims. While most injuries qualify you, some may be more difficult to prove, such as stress-related pain. 

What Do I Need Before Filing a Claim with Workers’ Compensation Insurance?
Before you file your workers’ compensation claim, you must take numerous steps. If you don’t take these steps, you jeopardize your rights to file a claim and you may find yourself on the receiving end of a denial. Here are just a few of the things you need to do after a workplace injury to position your claim as favorably as possible: 

• Receive medical treatment for your pain: Whether you go through your own doctor or see a physician in the emergency room, getting medical treatment soon after the injury should be your priority. Your health comes first, and getting treatment starts your road to recovery. It also provides you with a medical record that you can use to show you suffered an injury on the job. 
• Report your accident to your employer: Your employer is less willing to file your claim to the insurance company if they don’t believe the accident occurred at work. As such, you should report the full information of the accident to your employer as soon as possible. There are timelines associated with reporting the accident, so don’t wait to take this step.
• Have your employer file your claim: Your workers’ compensation claim goes to your employer first. You must provide them with necessary information regarding the accident. Explain the time and location where your accident occurred, the severity and location of your injuries, any people who were also involved, and anything else you feel can help strengthen your claim. 

Your employer must abide by the laws regarding workers’ compensation claims in the state. 

How Do Workers’ Compensation Laws in
California Work?
A workers’ compensation claim allows employees to pursue compensation after a workplace injury. However, you should know this is done in lieu of a lawsuit. You cannot file a lawsuit against your employer when you suffer a workplace injury, unless one of five exceptions exist in your situation. One exception that may allow you to file a lawsuit against your employer is when his or her actions are directly responsible for your injury, such as a situation involving workplace violence. 

Your employer is required to carry workers’ compensation insurance in the event someone gets injured on the job. If they don’t have workers’ comp coverage when your injury occurs, this is another exception that will allow you to file a lawsuit against your employer. 

An insurance company can deny your workers’ compensation claim, but you have the right to appeal the denial with the right information regarding your injury. Keep all documentation pertaining to the severity of your damages to provide to the insurance company. You should also ensure your medical provider has the information you need to show you must miss work as a result of the injuries you sustained. 

Does Workers’ Compensation Cover a Hostile Work Environment? 
Workers’ compensation coverage varies greatly from a hostile work environment lawsuit. There are some areas of the law in which the two legal matters will overlap, though, and you should know about your rights in these situations. 

For instance, if you file a workers’ compensation claim for an injury you sustain on the job, you may return to a hostile work environment when you return to your job. Your employer may be upset that you filed a workers’ comp claim, and as retaliation, they make your job more difficult. In these situations, a hostile work environment lawsuit may be necessary to hold your employer accountable for their actions. 

As another example, a hostile work environment may lead to a workplace injury, requiring you to file a workers’ compensation claim. A hostile work environment can negatively impact your mental state, making it difficult for you to focus on your tasks. A small mistake can cause you to suffer an injury, especially in industries where you work with vehicles and heavy machinery. 

In any case, you need to understand what behaviors are considered criteria for a hostile work environment. 

What is a Hostile Work Environment?
The hostile work environment definition states that you can hold an employer accountable when he or she makes it impossible for you to do your job. For instance, some common examples of a hostile work environment include the following situations: 

• A physical altercation at work: Workplace violence can lead to severe, catastrophic, or even fatal injuries. Not only that, but it can lead to you fearing your coworkers and wanting to stay away from your place of employment. Whenever this happens, you can take legal action against the attacker who causes you harm. 
• Hostile work environment harassment: Harassment can come in multiple forms, including the following: 
  • Sexual harassment: Whenever a coworker, supervisor, or employer makes you uncomfortable at work, sexual harassment may be the reason. This type of harassment includes unwanted and inappropriate touching, sexual advances, flirting, joking, or other actions that make you feel uncomfortable. 
  • Discrimination: Harassment and discrimination can overlap with someone in your workplace making your job more difficult because of a protected class. For instance, your boss may add to your job duties and avoid paying you because of your gender, race, religion, or other characteristic. 
  • Retaliation: This is common whenever someone reports a safety violation, workplace accident, or a hostile work environment. Harassment in the form of retaliation can involve your employer picking on you with every duty you complete or adding more onto your tasks simply because you filed a report.
  • Hostile work environment bullying: You may think that bullying is a thing of the past as you reach adulthood, but this is not always the case. You may be bullied at work because of your sexual orientation, race, or other protected class. Unfortunately, enough bullying can become mental torture, and you may find yourself avoiding work to stay away from those who are bullying you.

If you’re wondering if you can sue your employer for creating a hostile work environment, the short answer is yes. However, there are numerous factors that come into play with regard to these types of lawsuits. 

Getting a Hostile Work Environment Lawsuit Settlement
Pursuing compensation for a situation in which it’s impossible for you to work means knowing how to prove a hostile work environment. It’s not an easy situation to endure, and you may find it beneficial to work with an attorney who can help you understand your rights. However, there are multiple parties who may be involved, and you face an uphill battle if you cannot prove these things: 

• First, you must show that someone is doing something that makes it impossible for you to complete your day-to-day tasks because you feel threatened, intimidated, or uncomfortable. (See the examples of a hostile work environment above.)
• Second, you must report the incident to someone in your company who oversees these matters or government entities who may regulate state or federal laws. For instance, you should report a hostile work environment to your direct supervisor, Human Resources department, and/or employer, depending on who is involved. 
• Third, you must determine if a state or federal law has been violated in the situation. You can speak with a legal advocate who can help you report information where necessary and build a strong case under one of the state or federal acts that are designed to protect employees from a hostile work environment, including harassment and discrimination. 

Document any and all situations in which you feel a hostile work environment is occurring. The more evidence you have, the better it can be for your case. For instance, if someone is bullying you and becomes physical, take photos of any hand marks or bruises you sustain in the altercation. This, along with your reports, can strengthen your case for compensation. 

Do I Hire a Workers’ Comp Attorney or Hostile Work Environment Lawyer?
If you believe you have a legal matter, hiring a lawyer can be very beneficial. However, you want to recognize your situation and your needs before making a decision. A hostile work environment attorney will be there to file a civil lawsuit against your employer or any other party directly responsible for you being unable to work. You may pursue compensation for any physical damages you sustain due to the hostile work environment, as well as lost wages if you’re unable to work because of the conditions.

A workers’ comp lawyer is there to guide you through the claims-filing process with your employer’s insurance company following an injury you sustain on the job. You’re not filing a lawsuit against someone for their negligent actions. Instead, you’re filing a claim with the insurance company your employer is required to have to cover expenses associated with the work injury. You cannot file a claim when your injury occurs outside of work. 

Regardless of the situation, any legal matter has specific nuances that can be challenging to navigate on your own. Working with a legal advocate puts you in the most favorable position possible to walk away with a positive outcome. 

Our Carlsbad workers’ compensation attorney has knowledge in both areas of these laws. We can determine what legal rights you have to protect yourself, regardless of the situation you endure. We’ll take the time to explain your options, determine whether you need to file a hostile work environment lawsuit or workers’ comp claim, and then safeguard your rights every step of the way.

The Law Offices of Robert Ozeran has spent years representing workers throughout Southern California. We recognize the various struggles you may encounter during this challenging time, and we want to give you peace of mind as you navigate the legal process. We focus on your rights and your needs, not those of the insurance company. We’ll work hard to keep the insurance company from taking advantage of your vulnerable situation by providing the tenacious advocacy you need and deserve. 

If you’re ready to take the next step, we offer free consultations to answer your questions and help you recognize your next steps. You get the advice you need without the financial commitment. We also represent our clients on a contingency fee basis, so you can secure strong representation and only pay if and when we’re successful on your behalf. Trust in our team to be your voice during this difficult time, and stand in your corner as we move towards a successful and favorable resolution for your situation.

Call The Law Offices of Robert Ozeran today and speak with a member of our team about your needs.

​