Disability Discrimination in the Workplace
California’s no-fault statute in workers’ compensation cases means employees don’t need to prove fault to collect benefits. They must only demonstrate that the injury occurred during work. Two types of injuries generally qualify for workers’ comp benefits:
Specific injuries: Result from a single incident requiring medical attention and missed work
- Cumulative trauma: Caused by repetitive mental or physical injuries over time
- Disability Mediation Services: Addressing Temporary and Permanent Disabilities
Injuries may lead to temporary or permanent disabilities, affecting the type of benefits received:
Temporary Disability:
- Temporary Total Disability (TTD): Employee unable to return to work, even with modifications
- Temporary Partial Disability (TPD): Employee can perform some work functions at reduced capacity
- Benefits typically two-thirds of average weekly wages, limited to 104 weeks over five years
Permanent Disability:
- Rated on a scale of 0-100%
- 100% indicates permanent total disability with lifelong weekly benefits
- Ratings under 100% indicate partial permanent disability with benefits for a set period
- Ratings 70-99% receive a life pension after disability benefits end.
Resolve Wannon: Neutral Mediation for Workers’ Compensation and Disability Discrimination
Resolve Wannon offers impartial mediation services to address workers’ compensation and disability discrimination issues. Our experienced mediators:
– Facilitate open dialogue between employees, employers, and insurers
– Help explore creative solutions to workplace accommodations and benefit disputes
– Aim to reach fair and mutually agreeable resolutions
– Offer a confidential alternative to formal legal proceedings
Benefits of choosing mediation:
– Cost-effective compared to litigation
– Opportunity to preserve working relationships
– Address underlying issues and misunderstandings
– Faster resolution than court proceedings
– Confidential process
If you’re facing workers’ compensation or disability discrimination issues, consider exploring mediation as a first step. Resolve Wannon’s mediators can help navigate these complex situations, ensuring all parties have an opportunity to be heard and work towards a fair resolution.