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:

• Sexual Harassment: When an employer or another employee harasses someone else in a way that causes them to be uncomfortable, it can create a situation in which the receiving party can no longer work. This type of harassment comes in many forms, including inappropriate touching, sexual advances, unwanted flirting, and more. In another situation, an employer may threaten a worker, saying that if he or she doesn't perform a sexual favor, they will be fired. This often causes significant monetary losses for which the worker may pursue compensation.
• Bullying: Countless people are bullied at work for one reason or another. Bullying can occur because of discrimination because of sexual orientation, age, and other characteristics. When bullying becomes physical, it can cause significant injuries, and those who suffer harm may need medical attention to successfully recover.
• Physical Altercations: A physical altercation at work often arises after bullying or other issues escalate a situation. Typically, the physicality is a result of long-term actions that lead to the person responsible for the fight and the victim getting into it. These actions don't have to involve fist fights, but they can also include pushing into objects, slapping, grabbing, and other physical contact.
• Violence: Workplace violence should never be tolerated, but it happens for a number of reasons. Similar to physical altercations, violence is often the aftermath of long-term actions. Violence can also include using a weapon to cause harm, using machinery or tools in the workplace, and other actions that cause physical injuries.

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:

• Report the Incident: One of the biggest reasons these types of claims get denied is because the worker fails to report the incident to his or her supervisor immediately following the injury. If the injury is serious, the worker should have a co-worker report the incident on his or her behalf. However, reporting the incident immediately protects the worker's right to file a claim later.
• Getting Medical Attention: Getting medical attention serves multiple purposes. First, the worker can receive any treatment he or she may need to help with the injury. This includes any surgical procedures, referrals for therapy, or medication to help with the pain. Second, medical attention allows the worker to show that he or she did in fact suffer damages, such as back pain, neck pain, or a head injury. Proving that damages exist help in showing causation, which can help when filing a claim.
• Filing a Claim: Any worker who files a claim needs to understand that workers' compensation stands as a way for employers to avoid a lawsuit. If the worker accepts whatever workers comp settlement he or she is offered, the worker forfeits his or her right to file a lawsuit against the employer. It becomes imperative to speak with an attorney to understand if a workers' comp claim is the right option to move forward and pursue justice. To file a claim, the worker must go through the employer's workers' compensation insurance provider. In some cases, the worker may need to see a chosen doctor for diagnosis.
• Meeting Deadlines: In California, a sexual harassment claim must be filed within one year of the last incident. However, depending on the circumstances involved (such as type and severity of injury), the statutes can become longer and give someone more time to file their claim. It's best to work with an attorney who can determine the necessary steps to take. However, it's important to act as quickly as possible to avoid losing the ability to file a claim because of the time restrictions provided by state law.

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:

• The worker missed the deadline: Because there are statutes of limitations associated with filing a workers' comp claim, many insurance companies look to use deadlines against claimants. They'll try to say that the worker didn't report the incident immediately, they failed to see the chosen doctor within a specific time frame, or they failed to file the claim before the statute of limitations. A lawyer can help combat these claims by showing when items were sent or when employers were notified of the incident.
• The injury was not work-related: Insurance companies will try to dispute that the injury occurred in the workplace. If the employer tries to claim that the work environment is not hostile and the employee suffered the injury in an incident away from the workplace, the insurance may deny the claim. In this situation, it's best for the worker to have witnesses who can attest that the situation occurred on the clock and the injury took place at the job site.
• The injury doesn't qualify the worker for benefits: Workers' compensation benefits typically only apply for qualifying injuries. Because of this, insurance companies try to utilize the medical report to say that the worker's injuries fall outside of the policy, thus they are unable to pay out compensation for the damages. This makes it imperative to gather medical records from the worker's provider, as well as the designated medical provider chosen by the insurance company.
• The worker filed the claim after leaving the company: Insurance companies are quick to deny claims when the worker files the claim after he or she is terminated or they quit. It may be necessary to show that the worker hesitated to file a claim because of possible retaliation and further violence or physical altercations. If this can be shown, the worker can contest the denial.

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.