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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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Im currently working light duty, due to an industrial accident.

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I'm currently working light duty, due to an industrial accident. My employer and their insurance co. have denied me going to work comp. Dr. appointments by scheduling me to work @ those times and want me to get off light duty. The insurance co. thinks I'm not injured, but the medical evidence says otherwise. Is there a way I can stand up to them? I have contacted HR and they have not responded in 6 weeks.
Hello,

California Labor Code 132a prohibits discrimination against an employee in retaliation for filing a workers compensation claim. Intentionally scheduling you for work whenever you try to make an occupational injury physician visit violates the law. In addition to giving you an increased claim of up to $10,000, plus $250 costs and expenses, the law makes your employer's alleged conduct a misdemeanor. You can file a petition for increased compensation with the workers compensation board (I strongly recommend that you hire a workers comp lawyer to assist with this) -- and you can file a retaliation/discrimination complaint for criminal prosecution with the Division of Labor Standards Enforcement (DLSE).

Hope this helps.
Customer: replied 3 years ago.

My employer is a very large company. They are mentally harassing me as well. I believe they are trying to make me quit my job of 38 years. I have a copy of an e-mail from a area supervisor that eludes to this claim. Is this also included in that section (DLSE) of the labor law?

Discrimination based upon age and/or disability is an entirely different issue. It is prohibited by both federal (Age Discrimination in Employment Act; Americans with Disabilities Act) and state (Govt. Code 12940 et seq.). Your complaint would go to the California Department of Fair Employment and Housing (DFEH).

You could also hire an employment rights attorney to handle the whole bag of worms. I provided you with a link to the certified referral services in my previous answer, but here it is again for your convenience (click here).

Hope this helps.
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Hello again,

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Best wishes.

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