Hostile Work Environment Attorney, Torrance, CA
Can I Sue My Employer for Creating a Hostile Work Environment?
Nobody should ever have to go to work and feel as though they cannot do their job because someone else makes it difficult. Unfortunately, this is something that occurs far more often than you may think and there are numerous people involved. Your work is a place where you should feel comfortable; after all, you spend more time at work during your week than you do at home.
What happens, then, when someone makes the work conditions unbearable for you? Even worse, what happens when the person making it impossible to get your job done is your employer? You may have legal rights that allow you to hold your employer accountable when he or she creates a hostile work environment.
Nobody should have to endure a dangerous or hostile workplace, but it does happen. When you encounter this type of situation, you may be able to go through the legal system to pursue justice against the person responsible for your damages, whether they be mental, physical, or financial.
Hostile Work Environment Definition
By definition, a hostile work environment is one in which you are unable to do your job because of someone else’s actions. However, this definition is only a starting point, and you may still be wondering, what is a hostile work environment? Many different actions are examples of a hostile work environment, and they can all have a lasting impact on you as an employee. Some may even cause you to leave your job, which can directly impact your income and your ability to support your family.
What behaviors are considered criteria for a hostile work environment? Consider the following:
It’s easy to see why you would leave a position when a work environment becomes hostile. It doesn’t make anything easier for you, though, as now you have to figure out what comes next and how to move forward without the income you need.
Knowing how to prove a hostile work environment is important when you need to seek legal action. First, you must show that someone is acting in a way that interrupts your daily tasks and makes it impossible to complete them. Second, you must show that you’ve reported the incident to your supervisor, employer, and/or Human Resources department. Third, you must show that the authority to which you reported the incident did nothing to remedy the situation and make a safe working environment for you and other employees.
Hostile Work Environment & Workers’ Compensation Laws in California
Hostile work environment lawsuit settlements and workers’ compensation benefits greatly differ. However, there are some areas in which these two areas of law may mix. Before you file a lawsuit or claim, you should recognize the differences between the two and what to expect through the process.
With a hostile work environment lawsuit, you’re directly taking legal action against a specific person or persons who caused you harm or mental trauma and made it impossible to do your job. As a result, you may have left your place of employment and need compensation for damages associated with the hostile work environment or for loss wages. These lawsuits are meant to recover compensation directly from the responsible liable parties.
Workers’ compensation insurance is available to California businesses in the event an employee gets hurt on the job. In these situations, you may file a workers’ compensation claim to pursue benefits associated with your losses as a direct result of the injury. Workers’ compensation substitutes typical lawsuits and you’re unable to sue your employer for a workplace injury unless one of a few exceptions exist, such as when your employer causes you injury with malice or intent.
A workers’ comp lawyer can help to file the necessary claim and pursue benefits that may include:
Workers’ compensation is required for California businesses. If a business does not have workers’ compensation and you suffer an injury at work, you may be able to file a lawsuit under one of the exceptions under the law. Your employer must provide this coverage and you should be able to seamlessly file a claim.
Unfortunately, the claims-filing process isn’t as easy as most injured workers would like. Insurance companies put profit over claimant health and are quick to deny claims for even the smallest mishap. Even a missing date on the documentation you provide for your claim can entice the insurance company to stamp your paperwork with a big “DENIED” label.
Before you pursue a workers’ compensation claim, ensure you take these essential steps:
Workers’ compensation claims can be complex if you’re not sure how the insurance company handles the process. Unfortunately, insurance companies are still businesses. They focus much of their efforts on their own profits. If they have to pay out long-term workers’ compensation benefits, they take a hit to their bottom line. If they can deny your claim, they will. It’s best not to run the unnecessary risk.
Common Types of Workplace Injuries
Workplaces where dangers exist (such as construction and industrial environments) can be disastrous for many employees. Even locations where slippery floors exist can lead to substantial injuries suffered by employees. This is why workers’ compensation benefits exist and why employers should have coverage to protect their employees.
The injuries that people can sustain in various work sites vary, but some of the most severe include:
While there are numerous medical conditions that qualify you for workers’ compensation benefits (including illnesses, diseases, and other injuries), these are some of the most severe. Many workers who suffer the above injuries require long-term workers’ compensation benefits or Social Security Disability because they’re unable to return to work in any capacity.
How a Workers’ Comp Attorney can Help with a Hostile Work Environment Lawsuit
Our Torrance workers’ compensation attorney at The Law Offices of Robert Ozeran is here to help you during this difficult time. While hostile work environment lawsuits and workers’ comp claims are not the same, one can lead to another.
No matter your legal needs, know that we’re here to guide you through the process step-by-step, prioritizing your needs from start to finish. We’ll be the powerful voice you need to pursue the most favorable outcome possible. We’re not afraid to go toe-to-toe with big insurance companies and corporations.
We offer free consultations and work on a contingency fee basis. You won’t pay us a dime unless we’re able to secure your successful outcome. Call today to work with a committed workers’ compensation lawyer who focuses on you and your needs.