Employment Law vs. Workers’ Compensation Explained

Have you been injured at work? Have you been denied your accommodation request for lighter duties? 

If you do not know the answers to these questions, you might need help. You know an attorney might be able to help, but what kind of attorney? Attorneys can be very expensive, so what do you do? You think your rights were violated, but what rights? Below is a quick summary of some distinctions between employment law and workers’ compensation law. 

Employment law attorneys advocate on behalf of clients whose rights related to treatment in the workplace have been violated. The applicable labor code sections employment law attorneys assess for are those that protect against violations of wage and hour laws, anti-discrimination laws, hostile work environments and others. For instance, wage and hour laws set forth proper meal and rest breaks, overtime rules, among other compensation related issues. Anti-discrimination laws protect against differential treatment based on numerous protected classes, such as race, gender, physical and mental disabilities, sexual orientation, age (over 40), and others. There are also laws against retaliation and harassment on the basis of a protected activity or class. 

On the other hand, workers’ compensation attorneys advocate on behalf of clients who have suffered a work-related injury or illness. Applicable labor laws set forth an employer’s responsibility to injured employees including requiring employers to maintain workers’ compensation insurance, how to process a claim, authorization of minimum monies for treatment, among many other regulations, which a workers’ compensation attorney specializes in. 

While some attorney practice in both legal areas, they are different, so determining whom to call can be confusing. The question one can ask, is what rights and I am seeking to assert. Let’s return to the initial questions posed in this blog. 

First, have you been injured at work? A workplace injury or illness may be a consequence of one specific incident or from the cumulative work performed during your employment or both. If you believe you have sustained a workplace injury or illness either physical or mental, you may contact a workers’ compensation attorney to discuss your possible recourses. A workers’ compensation attorney will be able to assist you in obtaining appropriate medical treatment as well as advance your case against your employer to show that the injury and/or illness is work related. 

Second, does your workplace injury or illness require you to have lighter duties? A request for lighter duties as a result of a short-term disability, such as a temporary injury from a workplace incident, may fall within the anti-discriminatory protections against physical and mental disabilities. This request may be considered a reasonable accommodation. A denial of a reasonable accommodation without an employer’s good faith effort and discussion with you to determine what accommodations are possible would be an employment law matter. Additionally, say you are terminated after you file a workers’ compensation claim. This too may be a violation of the law, which an employment law attorney would be able to assist with.

While not all unprofessional actions are protected under the law, you do not have to suffer in silence. The application of laws is very nuanced, but knowing that there are protections against some mistreatment is valuable in dealing with unsettling workplace situations.