Legal Question in Employment Law in California

Injured worker Harrassment

I feel I am being unfairly targeted by my immediate supervisor who just learned that the company has agreed to accomodate my partial, permanent disability (lifting over 35 lbs.) for the next year, as part of an agreement to allow me to return to my otherwise usual job juties. He acts as though the company did not consult him for his input on such an agreement...what's worse he made a ''public'' announcement in front of all co-workers regarding my inability to do but a couple of my normal functions...which was erroneous and served only to humiliate and anger me. He seems to be re-defining the set forth terms as rec. by the phys. and WC insurance adjusters. I know that he has not had a personal ''like'' of me generally, and so it has only driven him to attempt to get me out only more. Who should I take this to, and how should I attempt to defend my job and my personal dignity in this situation? Isn't it wrong for him to have made a spectacle out of this before my coworkers?

I didn't think it was their business to know the details about my situation; after all, they have all known about my injury and that I couldn't lift substantial weight..is there some remedy to seek for this embarrassing treatment?


Asked on 7/01/02, 7:44 am

1 Answer from Attorneys
Christopher Knowdell McCormack & Knowdell

Re: Injured worker Harrassment

Labor Code Section 132a prohibits an employer from discriminating against an employee due to a worker's comp claim. The penalty is a 50% increase in your workers' comp benefits up to a maximum of $10,000. The 132a claim is filed with the Workers' Compensation Appeals Board ("WCAB"). The employer, rather than its insurance carrier, is liable for the 132a penalty.

You may also have additional legal remedies related to an invasion of privacy.

If you cannot resolve this problem with your supervisor, you may wish to report the problem to his boss. In addition, you may wish to consult with an attorney.

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Answered on 7/01/02, 5:13 pm


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