EMPLOYMENT LAW v. WORKER'S COMPENSATION

Employment Law vs. Worker's Compensation. I often get called from a potential client asking if I do Employment Law and after hearing the facts, determining that it's actually a worker's comp matter. Likewise, the reverse also occurs, although less frequently. This article is here to help clarify the difference. Employment laws primarily focus on rules around treating employees fairly in the workplace. Most common, this falls under two categories: (Wage & Hour) - Guaranteed minimum wage, ensuring proper overtime and breaks, and proper classification of exempt v. non-exempt employees v. independent contractor issues or the second category (Discrimination against the Fair Employment and Housing Act - the FEHA) - Which provides protections against unlawful discrimination for protected class or conduct; such as being bullied or treated badly at work due to your race, disability, pregnancy, military status, religious beliefs, age - if over 40, gender, and other categories enumerated under the law. Employment attorneys either prosecute offenders for damages or defend employers when such a lawsuit comes their way and also provide advisory service to correct and clean up internal practices of the business operations. Worker's Compensation, on the other hand, is essentially medical care and leave rights for job related injuries. Think of this as what happens when you throw your back for loading a truck at work, getting carpel tunnel syndrome due to excessive and repetitive movements from your job, and stress leave as it pertains to your job related anxiety. There is some overlap between Employment law discrimination type violations and worker's compensation because these inherently personal offenses trigger rights under both disciplinary areas of law. Further questions can be asked of any employment law or worker's compensation attorney in California.