Legal Question in Disability Law in California

Friend at work

I have a friend that got sick working in a cold place at work, our union is not helping, so we file with EEOC, union got involved and told her that she should go to mediation. Ok we set this up with mediation services Larry Whitted, this Larry said that the lawers for the company don't want me there because I am not a shop steward any more, you see I beet them before, now they said for her to get a union lawer but again we don't believe on the union lawer. She got a rare thing cold Raynolds Syndrome, even the doctor for the company said that she is sick but the doctor said that it was not from work, I can prove that it is, they want hre to disqualifid herself from sanitation because she can't work in Frigo (cold place) I say no because she have many other places she can work. Union said it's not fare that other people goes there and she don't I said it's not fare that she ends up on a weel chair, and we have many people that work sanitation like me and don't go to these cold place, she don't have money and 3 children at home and one in Iraq. I could helper they first said that it was fine but then after they found out more about me they said no way.


Asked on 8/10/08, 11:31 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: Friend at work

There are a couple of issues. First of all if she got sick from exposure to cold she has a worker's compensation case. Secondly, she may also file a disability discrimination claim with Dept. of Fair Employment and Housing (FEHA.

As far as the workers' compensation case is concerned, she should not rely or trust the doctors from the insurance company. She needs to get an attorney immediately who can file a workers' compensation claim to prove the illness is "related or caused by her work". Insurance company doctors routinely deny these cases. An attorney can send her to another doctor and get another opinion.

I do not know when all of these events occurred but there are strict time limits to file a claim form and application. An attorney who is familiar with workers compensation and FEHA claims can help her.

She can also file a discrimination claim as part of her workers' compensation claim. That is called a 132a. The employer MUST attempt to find modified work, you are absolutely correct when you say they can try to put her someone else.

If she can't go back to work, she can also look into her loss of future earnings. This will be done as part of the workers' compensation claim.

If you do not have an attorney or if you have any questions you may call my office. There is no fee for consultation and most attorneys like myself work on a contingency for these types of cases. That means we do not get paid unless we are able to get some compensation and then it is only 15% of the settlement in the workers' compensation case.

Thank you for you inquiry and it is important you act quickly. You can contact my office on Monday. If you do not contact my office, please contact an attorney that does workers' compensation law.

My office is well versed in workers' compensation law and disability discrimination.

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Answered on 8/11/08, 12:32 am


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