Worker’s Compensation.?
Two employees work for a private company in California. First employee files a work comp claim, carpal tunnel syndrome and was told there is no light duty available. Second employee that does the same amount of paperwork, computer, etc files a claim, carpal tunnel and is allowed back to work on light duty. The only difference is that the second employee has resigned her position as of the end of the week she files a claim. Is this considered discrimination?
Is it discrimination? It’s hard to say. It’s best to contact an
attorney and discuss it with them.
Is this considered discrimination?
NO, unless there is proof that the decision was made based on being a member of a protected class or was retaliation for filing a claim.
to understand what discrimination is you need to read:
http://www.eeoc.gov
and
http://www.dir.ca.gov/dlse/FAQ_Discrimination.htm
to understand what retaliation is as protected by California law, read:
http://www.dir.ca.gov/dlse/dlseDiscrimination.html
to understand workers compensation laws in California you need to read:
http://www.dir.ca.gov/dwc/dwc_home_page.htm
Discrimination is different treatment of someone due to something like their race or gender – unless you can show that, it isn’t discrimination.
As far as light duty, it’s possible that the second employee has different bsckground or skills that fit some light duty assignment the first employee isn’t qualified for.
No, not discrimination, being allowed light duty for one position does not guarantee the same work is available for someone else. And the fact that she has given notice to leave the company does not alter what the two jobs actually are. Is the first employee’s job one that can be done in a Light duty situation? (less hours, or not be able to do all of the duties)
An employer is not under any obligation to take employees back on light duty if it is more burdensome to do so. If it means that someone else has to finish up the work, or it’s more work for someone to come in and figure out what was done and then complete it.
Too many variables…too little information. All claims,
injuries/illness. and IW’s are different..in the nature of the
injury, treatment, and recovery. NO TWO are alike.