Hostile Work Environment Attorney, Yorba Linda, CA

Yorba Linda Workers’ Compensation Attorney​
If you’re on this page, you’re probably wondering what your rights are as a worker and what you can do should you suffer an injury at work or endure a hostile work environment. In the legal world, while these two situations can relate in certain circumstances, there’s numerous differences between workers’ compensation laws and a hostile work environment lawsuit settlement. 

In the paragraphs that follow, it is our goal to answer some of the common questions we receive regarding these two workplace situations, such as: 

• What is a hostile work environment?
• Can I sue my employer for creating a hostile work environment? 
• What are the workers’ compensation laws in California?
• Can I pursue a workers’ comp settlement after a workplace injury?

Whether you need a hostile work environment lawyer or a workers’ comp attorney, you’ve come to the right place. We’ll be here to not only answer your complex questions, but also to guide you through the process with a focus on helping you get the outcome you need. 

What Behaviors are Considered Criteria for a
Hostile Work Environment?
Before you can take action against an employer for any kind of hostile work environment, you must know how to prove a hostile work environment. In order to do that, it’s vital to recognize some of the most common examples of a hostile work environment to understand if you’re enduring this terrible situation: 

• Are you experiencing hostile work environment bullying? In hostile work environment cases, bullying can be anything from small physical interactions, such as pushing and shoving, or teasing based on someone’s appearance, age, gender, or other characteristic. In many situations, you may be bullied at work by more than one person. 
• Are you experiencing hostile work environment harassment? Harassment can also be a form of teasing based on a number of characteristics. However, when the harassment becomes so severe that you are unable to do your work, this is when it creates a hostile work environment. In these situations, harassment can be difficult to overcome and make it tough to focus. 
• Are you experiencing sexual harassment? Sexual harassment should never be acceptable, but there are times when it stems from the highest level of a company. Employers and supervisors may try to use their authority to force themselves on you, coerce you into a sexual act with threats of firing you if you don’t. This can easily turn a workplace into a hostile work environment. 

The hostile work environment definition states that this situation arises any time someone else’s actions make your workplace uncomfortable, thus making it impossible to complete the tasks of your job. If you encounter this situation at all in a workplace, you should work quickly to speak with a hostile work environment lawyer who can explain what rights you have to file a lawsuit. 

You can hold your employer accountable if they are responsible for either creating a hostile work environment (participating in the harassment) or they do nothing to stop a situation in which you are unable to do your job because of a dangerous workplace. The lawsuit can help compensate you if you are unable to earn income after leaving a hostile work environment.

Can I File a Hostile Work Environment Lawsuit After a Physical Altercation at Work?
One of the worst things you can experience in a hostile work environment is workplace violence. Unfortunately, physical violence can and has happened in many workplaces ranging from fighting, rioting, and even gun violence. As a result, many people suffer some of the worst injuries and are left trying to figure out how to move forward with their lives. A hostile work environment lawsuit may not be the only remedy for someone seeking justice and compensation after a physical altercation. 

As an injured employee, you may hold the following people accountable: 

• The person who physically assaulted you: Like in any situation, the person directly responsible for the attack can be held liable for your losses. If you’re unable to work due to the attack, you may be able to seek compensation for lost income, as well as for medical expenses for your injuries, and any other financial damage you incur. 
• The employer of your company: Your employer may be accountable for numerous reasons. If you reported a potential situation that may have led to the attack but your employer didn’t work to protect you, they may also be responsible. If the attacker had a record or history of aggression or violence and your employee allowed him or her to work in your company, the employer may hold some liability. 

Workplace violence is something that occurs far more often than people may think, and it doesn’t have to be a full on fight or altercation. This can also include situations in which a coworker purposely trips you and causes you to fall and suffer an injury. Slapping, shoving, and other forms of physical abuse can fall under this category as well, and there are legal remedies that may be available to you.

Workers’ Compensation Claims Following a Workplace Injury
Aside from a hostile work environment, one of the most difficult situations you can endure in a workplace is an injury suffered on the job. Many occupations and industries put employees at significant risk on a daily basis. As such, head injuries, neck injuries, neck pain, and back injuries are common throughout the workforce. As a result, workers must miss countless hours of work from things such as repetitive motion strains, slips and falls, and more. 

In California, though, workers’ compensation insurance is a requirement for employers and the coverage is there to help those who qualify. In order to pursue a workers’ compensation settlement, though, you may encounter some challenges, making it vital to work with a workers’ comp attorney to guide you through the process. 

Before you file for workers’ comp benefits, here are some things you need to know: 

• Insurance companies are looking out for their own profit: When you file a workers’ comp claim, you’re going through your employer’s insurance provider to recover benefits. Like in any situation, insurance companies are businesses and their most often focused on their own profits. They’re not always willing to pay out the benefits you need, especially when you suffer a long-term or permanent injury. As such, you need someone on your side who understands the tactics of the insurance companies and how they try to deny claims. 
• Without a report, your claim can be quickly denied: We always say it’s vital to report your accident to your supervisor and employer immediately after it happens. This is one of those steps that helps protect your rights and allows you to file a workers’ compensation claim. Insurance companies will look to see if you reported your accident. If you don’t, they’ll use this as a reason to deny your claim. If you can’t immediately report your accident, ask someone you trust to do it on your behalf so it’s on record with your employer. 
• You may need to see a medical provider the insurance company chooses: Your employer’s insurance company may request that you see a specific medical provider after a workplace injury. They want to make sure you’re not trying to cheat the system so they’ll choose someone within their network. Regardless of the situation, document the meeting with the medical professional and ensure you follow up regularly. If you don’t follow the doctor’s orders, the insurance company can use this against your claim.

Workers’ compensation claims allow you to recover benefits in situations where you can’t file a lawsuit. Most of these situations involve “accidents,” but where maliciousness and intent exists, you may still be able to file a lawsuit against your employer. You should speak with a workers’ comp lawyer to determine what your rights are in your specific situation and what the most effective route would be to recover compensation.

What do Workers’ Compensation Benefits Cover?
When you suffer an injury on the job, there are plenty of obstacles you will encounter in the aftermath. You may be out of work for months, or even years. You may not be able to do the same job you did before the injury. You may even need to change occupations completely. These circumstances make it essential for you to go through a workers’ compensation claim to obtain the benefits you need. 

However, not everyone is aware of the various benefits available to them and what they mean moving forward. Workers’ compensation benefits can help cover the following losses and expenses: 

• When you’re unable to work: Your income is something you rely on to get you and your family through each week or month. When you’re unable to work because of your injury, it’s easy to run into the financial struggles that countless individuals face. However, with workers’ compensation, you can recover a percentage of your income so you and your family can still continue as comfortably as possible. The amount and duration of the benefits you receive is dependent on the severity of your injury, how long you expect to be out of work, and how much you made before the injury.
• When you’re able to work a different position with the same company: Modified job duties may be in place to allow you to return to the same company, but in a different capacity. Sometimes, though, this change in position comes with a decrease in pay. If this is the situation you find yourself in, workers’ compensation benefits may cover supplemental income. This means you can recover the difference between what you now earn and what you earned before you suffered the injury. 
• When you need to change your occupation completely: Workers’ comp benefits may cover occupational therapy so that you can return to the workforce but in a capacity that suits your abilities. For instance, if you suffered an injury in a machine shop and you can no longer work in that industry, you may need occupational therapy to change your industry. 
• When you need medical attention: The benefits you receive from workers’ compensation can help cover many of the medical expenses associated with the workplace injury. For instance, it can cover surgeries, emergency room visits, prescription medication, and more. If you require ongoing care, you may be covered under workers’ comp to receive compensation for additional treatments.

While much of workers’ comp is geared toward the employee who suffers the injury, you should note that it can also cover expenses associated with a death. If someone suffers fatal injuries on the job, workers’ comp can help the family pay for funeral costs and medical expenses from the date of the injury to the date of death. 

How Can a Workers’ Comp Lawyer Help?
At The Law Offices of Robert Ozeran, we take the necessary steps to investigate your situation and discover the legal avenue you need. Whether you need help with a hostile work environment lawsuit or you need to go through with filing a workers’ compensation claim, we’re committed to helping you pursue the most effective outcome possible.

Our Yorba Linda workers’ compensation lawyer will go the extra mile when your rights and needs depend on it. We know what it’s like for an injured employee and his or her family to feel as though there’s nothing they can do to stay above water after a workplace injury. We’ll not only help you understand the step-by-step process of filing a claim, we’ll focus on the legal matters so you can worry about your recovery.

We have extensive experience and a track record of success. If you need to discuss your potential case, we offer free consultations. You can get answers to your questions without making a financial commitment, and we’ll explain how we can help you.

Call our firm today to discuss your situation. We work on contingency fees, meaning you won’t pay us a cent unless we win on your behalf. Working with our firm is no risk, all reward.

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