Legal Question in Workers Comp in California
Hello, I was told today that I was going to be laid off within the month. I am 63 years old. I have worked for this company for 14 years and previously 10 years with the owner's father in law I have no retirement from these companies. My company has laid off 2 other people that were nearing retirement age. In addition have back problems. I had surgery for stenosis, but I still have a lot of pain. A recent MRI showed that I have an additional 3 small herniated disks and the stenosis was only 50% cleared. I have done some physical work over the years and recently we moved from another location, aI had to do a lot of lifting of equipment, furniture, supplies, etc.
Questions;
Can I sue the company after they lay me off for age discrimination, workers comp, mental duress, etc.? I will have to file immediate bankruptcy do to house payment and credit card debt...
Thanks
1 Answer from Attorneys
Your type of injury is a classic cumulative trauma type of injury that happens over the years due to repetitive heavy work and is covered under worker's compensation. Worker's compensation also covers psychiatric injuries as well. As far as age discrimination, I need more details of the lay off. Were you the only one that laid off and later your position was filled by a younger person? Feel free to call me at 213.388.7070 for a free consultation.