Hostile Work Environment Attorney
For anybody in the work force, the job site should be one in which they can feel comfortable on a day-to-day basis. After all, most people spend eight hours or more at work at least five days a week. This is a lot of time spent in a place, and they shouldn't have to worry about problems with employers or other employees causing stress and concern.
Unfortunately, there are many instances in which issues arise and create a work environment that can be challenging to work in each day. Some problems can even result in a worker suffering physical and emotional damages. In these situations, it can cause these workers to miss time from work, require medical attention, therapy treatment, and miss potential income. It becomes vital for these individuals to file workers compensation claims to pursue compensation they need.
What Constitutes Hostile Work Environments?
Technically, hostile work environments are any job sites where harassment, verbal or physical abuse, discrimination, or other problems occur. However, when it comes to workers' compensation, hostile work environments are those that cause workers to suffer any kind of physical injury, mental trauma, or feel uncomfortable.
It's important to recognize the different types of actions that can create a hostile work environment, including but not limited to the following:
Typically, hostile work environments are situations involving employment law, but when the result of the harm causes someone to miss work or suffer harm, it can result in workers' comp claims. If someone needs to file this type of claim, it's vital to recognize what they need to do to pursue compensation, what benefits the worker may recover, and what to do if they receive a claim denial.
Filing the Workers' Compensation Claim
The timeline after a workplace injury can be complex. Injured workers need someone on their side who can help them understand the nuances, including what paperwork needs to be filed, what evidence to acquire, and any timelines they must meet for a successful claim. To help workers better understand the timeline, here are some of the vital facts they should know:
For any worker filing a claim, it's vital to recognize what rights are available, who to hold responsible, and what to do if a claim is denied.
Who is Responsible for Hostile Work Environments?
Hostile work environments are products of multiple parties either acting in a discriminatory or violent way, as well as those who do nothing to stop the actions from occurring. For instance, an employer may be hostile when he or she is physically abusive to an employee and threatens that employee with termination if he or she reports the incident.
If the employee reports an incident to human resources, this person is supposed to take action to protect the employee from any further harm. If HR fails in this duty, and they allow the physical abuse to occur, they are also liable for any injuries.
However, when going through a workers' compensation claim, the worker only needs to show that an incident occurred that result in him or her suffering harm and he or she is no longer able to work in the same capacity. Workers' compensation often considers if the employee can work in another capacity when determining what benefits he or she may receive and for how long.
Benefits often include long-term, short-term, temporary, or total disability income. These categories are often decided based on the severity of the injury the worker suffers and how long he or she will be out of work. For someone who suffers permanent disability because of violence in the workplace, workers' compensation may award total disability income. This is a portion of the income the individual would have made had he or she continued working, but it is permanent.
For a worker who suffers partial injuries, workers' compensation considers his or her ability to work in a different capacity. If this change in job duties results in reduced income, workers' compensation benefits may be partial, only covering the difference of the lost income until the employee can return to his or her original duties.
Can the Insurance Company Deny a Claim?
It's difficult to think about, but there are many situations in which injured workers receive denied claims for their workers' compensation. This is often due to numerous reasons, but it's not always the fault of the worker. The insurance company may try to claim the following:
It's vital to recognize the a claim denial can be appealed. Injured parties can work with a workers comp attorney to build a strong case with a focus on obtaining the necessary benefits moving forward.
Insurance companies are often looking out for their own profits. They're quick to force workers to deal with denied or delayed claims in hopes that they'll drop their claim or they'll settle for much less than they deserve. Typically, this is to protect the bottom line of the insurance company, not concerning themselves with the health of the injured worker.
What to Do to Appeal a Claim Denial
In the event a claim is denied by the insurance provider, the worker must look closely at the letter the insurance company sends regarding the denial. It usually details the reasons the claim was denied in the first place. For some claims, the reason is as simple as missing paperwork or signatures. In these cases, the worker should carefully investigate his or her initial claim to determine what's missing.
However, if it is a wrongful denial, it's important to recognize the potential appeals process in California. Most cases involve a hearing with someone who will look over any proceedings in which the worker must provide all evidence including medical records and witness testimony. If there are additional hearings, it's important to work with a workers comp lawyer who can help navigate the entire process. Having legal representation can help prevent any additional errors that may arise throughout the appeals process.
It's difficult to think that a workplace injury can lead to multiple legal processes. Even worse is a situation resulting from someone else's violent actions. In these cases, the injured party deserves to hold the responsible party liable. It's vital to pursue compensation and justice to move forward and recover from the wrongs they have faced. We'll be there to help through the complicated matters, guiding our clients with tenacity, experience, and care every step of the way.