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Employment law is the area of law that governs the employer-employee relationship. This area of law is made up of both state and federal laws and covers a variety of subjects, all with the common goal of protecting an employee’s rights. From an employee's perspective, these laws are in place to prevent discrimination, promote health and safety, establish a minimum required level for economic support, and to make sure all employees are safe and treated fairly. California employment law presumes that employment relationships are at-will, meaning employers are free to terminate employees at any time for any reason. However, that does not mean that all terminations are due to this reason so it is important to consult with an attorney to understand all your rights.
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Frequently Asked Questions (FAQs)
Can I get fired for filing a workers’ compensation claim?
Any retaliatory action taken by your employer as a result of you filing a workers’ compensation claim is against the law. Firing, demotion, reducing your work hours, or hostility in the workplace may be considered a retaliatory act and you could be entitled to an increase in benefits.
Can future employers find out if I filed a claim with my previous employer?
It is against the law for any employer to inquire about any prior workers’ compensation claims you may have filed or try and search for your workers’ compensation claims history. This applies at the time of hiring and while you are employed.
How much does it cost to hire an attorney to handle my claim?
Generally, attorneys will handle your case with no upfront cost to you. Instead, once a claim is successfully settled, the attorney will take a percentage of the settlement as their fees. All costs including legal work, doctor’s bills, MRIs, X-Rays and physical therapy while you are injured are at no cost to you.
What do I have to do when I file a workers’ compensation claim?
Once you file a workers’ compensation claim, your attorney will typically refer you to a doctor to receive an evaluation and treatment for your injuries. It is possible that the insurance company may require you to take a deposition. Although very few cases end up going to trial, if yours does, you may need to be available to testify.
What settlements should I expect to receive from a workers’ compensation claim?
The settlement you may receive depends on the extent of your injuries, how long the injury has disabled you, and future medical care and treatment. The workers’ compensation system is designed to compensate you for how much the injury has disabled you. When it comes to future medical care and treatment, you may either have a choice to have the insurance company pay for future medical treatments for your injuries or have them provide you a lump sum settlement that projects the costs.
If you have a work-related injury, your employer is required by law to pay for workers’ compensation benefits.
Personal injury law provides monetary compensation to victims due to someone else’s negligence or carelessness.
Employment law is a practice in place to protect you from improper actions or violations by your employer.
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"I contacted Mr. Bader after calling several other attorney's to take my case. All the others declined to take my case because my original attorney who was on the case for about four years unexpectedly passed away. All others were concerned about dividing the settlement but Mr Bader was concerned about ME. I can't even begin to state what Mr Bader and his staff had to go through to obtain my file from my previous attorney's office but they supported me to the completion of my case. I would recommend Mr Bader & his staff to anyone."
“Before hiring Jim Bader, I had an attorney that was giving me the run around for a year. I decided to have a second option with Jim Bader. My case was stress leave from work. Jim didn't give me the run around he was up front and told me what could do to help me. I had already been released from medical care and Jim helped me settle my case. He's a very knowledgeable attorney and will refer family and friends to his office. Thank you Jim!"
“I had a Workers Compensation/Mental Stress case which I was sure would be very har to deal with or even win due to the tricky nature of my situation at work. I consulted with Mr. Bader and his 'no case is hard enough' attitude made me feel like there was some hope and that I might get the compensation I deserved. With his positive energy and professionalism he managed the impossible and won my case! I will forever be grateful for the hard work he put in. If I ever need legal advice I know whom I will turn to"