Legal Question in Employment Law in California
Work Related Injury!
I've been working for a private employer for 4 years as a Caregiver.They are sponsoring us to be legalized here in the US but unfortunately I had a work related back injury that needs surgery.Employer is not willing to help me on medical needs, we don't have health insurance,under paid,I'm working 7 days a week, 24 hrs. a day.I finally quit my job since I can no longer work with my back pain. I know that once I leave my job my petition is over.Do I have the right to sue? Will I get into legal trouble including my other relatives with the same last name as mine?
2 Answers from Attorneys
Re: Work Related Injury!
Your employer is required to have workers' compensation insurance. Find an experienced workers' compensation attorney in your area to file an claim for medical expenses as well as for any permanant injuries
Re: Work Related Injury!
Your employer is required to report to Immigration that you are no longer working for the employer; your employer is also required to comply with all US labor laws, including paying you overtime, including, giving you a day off (not working you 24 hours, at 7 days a week,) paying workers compensation, (which includes giving you a form to report the injury, providing you with medical benefits. . . ) not discriminating against you because of your injury, and providing you with reasonable accommodation to perform your job -- so that you can do easier work because you are injured. It is impossible to know whether or not the employer will report you -- although such action may subject the employer to a retaliation claim, as well.
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