Losing your job creates a lot of hardships, financially, mentally, emotionally, and even physically. While pain and suffering is most commonly associated with an injury, there are some instances where a work injury leads to the loss of your job and the subsequent damages for pain and suffering is something that can be recovered in a lawsuit.
California, as with other states, provides several protections in the workplace when you’ve been injured or exposed to dangerous conditions that make it impossible for you to work. Sometimes, these injuries are used as ammunition to get rid of you.
When that happens, you can bring a claim for damages that includes pain and suffering.
Free Consultations For California Employees
Attorney Martin Gasparian and Maison Law are well aware how important a safe workplace is to you and other California employees. Being forced to work in unsafe or hazardous environments means injuries are likely to happen, work will be missed, and you may not be able to support your family. If this has happened to you, don’t hesitate to contact us for a free consultation.
What Can Cause Workplace Injuries in California?
No matter what your workplace is, injuries can strike anywhere, at any time. Still, some workplaces are much more dangerous than others, like restaurants with open flames or a factory with its heavy machinery and hazardous materials. Still, there are certain conditions that are always likely to cause injuries. These unsafe conditions usually involve the following;
- Not having the proper training or supervision.
- Using equipment without authorization or certification.
- Being forced to use damaged equipment or equipment that hasn’t been properly inspected.
- Having too many or too few workers in hazardous areas
- Failing to clean up spills or other hazards
- Not having proper safety warnings and notifications.
- Being exposed to chemicals or other toxins.
- Your employer failing to fix dangerous structures or equipment.
- Injuries that result from repetitive stress.
- Not supplying or using adequate safety equipment.
When you are forced to work in unsafe working conditions, there are some steps you can take to attempt to remedy the situation. The first thing they should do is report the conditions to your immediate supervisor. Most likely, your employer will have policies and procedures in place when it comes to reporting unsafe conditions and how they can be fixed. If you make consistent reports of unsafe conditions and your employer still fails to take action, there are other steps you can take.
California Law and Working Conditions
The federal Occupational Safety and Health Administration (OSHA) or its California counterpart, Cal/OSHA are the two administrative bodies charged with enforcing safe working conditions. Specifically, they are tasked with the following:
- Setting and enforcing safe work conditions and standards.
- Providing education and training for employers and employees.
- Reviewing and issuing permits, licenses, certifications, registrations, and approvals.
In California, your employer is required to post Cal/OSHA notices in a common area of the workplace to keep employees informed regarding the right to safe working conditions. This notice, which is publicly available on the web, includes the following information:
- How the employee can report unsafe working conditions.
- Procedure for the employee to request safety inspections.
- The rights of the employee to refuse to continue or start working in dangerous conditions.
- Provide training and information under the Hazardous Substances and Information Training Act.
Even with these protections in place, not every employee takes the safety of their workers seriously. Obviously, this can lead to not only injuries, but you missing significant time off of work, which can hurt your bottom line in terms of income on top of any medical bills you have. Fortunately, California law also takes this into account when factoring in your pain and suffering should you bring a claim, and also requires your employer to provide you with other benefits to cushion any injury.
Is My Employer Required to Provide Workers’ Compensation in California?
Under the law, California employers must provide you and all their employees with workers’ compensation insurance in the event that you are injured and cannot work. Generally speaking, workers’ compensation covers the following:
- Costs related to your medical treatment including diagnostic testing, physical therapy, medications, surgery, counseling, and rehabilitation.
- Temporary disability benefits while your doctor has you off work.
- Permanent disability benefits in the event that you cannot recover from your injuries and are permanently disabled.
- Retraining benefits if you can’t return to your original position because of your injury.
- Payments made to California’s Return-To-Work fund.
- Lost support for those who depend on you financially.
If your employer refuses to provide workers’ compensation insurance, they are not only civilly liable for any damage, but they will have also committed a criminal offense.
What Are Pain and Suffering Damages in California?
Pain and suffering falls under the category of non-economic damages relating to both the physical and emotional pain you suffer when you lose your job. In short, it encompasses all the pain, anguish, and trauma you suffered both by being injured, then by being fired or discriminated against at work.
Physical Pain and Suffering
Obviously, physical pain and suffering damages occur after you have been injured. When you’re injured at work in unsafe conditions, your damages can be increased, because it could be viewed that your employer was not only reckless in forcing you to work in unsafe conditions, but negligent in refusing to listen to your complaints. Virtually any injury and its resulting complications could fall under physical pain and suffering, but some of the most common include:
- Back pain
- Headaches
- Neck pain
- Traumatic brain injury
- Nerve damage
- Broken or fractured bones
- Dislocated joints
- Organ damage
- Paralysis
Emotional Pain and Suffering
Your employer’s negative actions not only have a physical toll on you, but emotional as well. Though much harder to quantify, emotional pain and suffering is often longer lasting and has a more detrimental effect on you as you move forward with your life. Some examples of emotional pain and suffering are:
- Post-traumatic stress disorder (PTSD)
- Anger
- Fear
- Insomnia
- Stress
- Cognitive changes
- Loss or diminishment of quality of life
In order to recover pain and suffering damages, our team of experienced California employment lawyers can help you file a lawsuit against your employer. In this lawsuit, you will need to gather pertinent medical records, work documents, complaints, emails, and other evidence that show you made complaints about the unsafe work environment, and suffered injuries and losses because of your employer’s inaction.
The extent of what you can recover is dependent on the facts of your case and the circumstances surrounding your separation from employment. Our lawyers are steeped in California legal resources and knowledge, so they can help you determine how to best position your case.
Dedicated California Employment Lawyers Will Fight For You
No matter where it occurs, injuries and pain can be debilitating. But when they happen at work because of unsafe conditions, it makes it all the more frustrating. Employers not only have a legal responsibility to keep the workplace safe for you and other workers, but they should have a moral obligation to do so, as well. When they refuse to provide this, they need to be held accountable.
At Maison Law, we know how to hold employers accountable and help you to regain at least some of your losses. Filing a claim for pain and suffering damages with our team is often the best way to do that. If you would like to begin the process of working with us, contact us today for a free consultation.
