The Intersection of Personal Injury and Employment Discrimination Claims
With its sizable economy and diversification in industries – from the bustle of the construction and healthcare sectors to the boom in education and retail businesses, Redding breeds a workplace environment fraught with possibilities where individuals can become victims of personal injury or employment discrimination. Whether you’re up in the expansive hills, work in one of the schools downtown, or are employed in the healthcare sector in any part of the city, understanding these legal complexities can be your first line of defense.
This blog aims to guide you through the multifaceted intersection of personal injury and employment discrimination claims. However, if you require personalized attention for your specific case, consult a Redding personal injury lawyer who can help you seek the restitution you deserve. But before you do so, understand the legal landscape so the conversation with the lawyer goes smoothly.
What is a Personal Injury Claim?
A personal injury claim typically involves an injured plaintiff seeking compensation from a defendant who caused harm through negligent conduct, such as car accidents at work sites or slip-and-fall accidents in public places like malls or supermarkets. In these cases, which are more commonly known as torts, it falls upon the plaintiff (the person filing the suit) to show evidence that they have been harmed directly by someone else’s actions.
What is an Employment Discrimination Claim?
Employment discrimination occurs when an employer intentionally treats employees differently because of factors such as sex, race, color, disability, pregnancy, etc., regardless of whether they may be qualified for a job position. Employers engaging in this behavior violate Title VII of the Civil Rights Act, the ADA (Americans with Disabilities Act), the ADEA (Age Discrimination in Employment Act), and Pregnancy discrimination laws most frequently. Since businesses must provide equal opportunities to all, despite their backgrounds, it takes clear proof of discrimination to pursue evidence-based arguments.
Intersection Between Personal Injury and Discriminatory Practices
Imagine driving yourself into your workplace parking lot daily, as you’ve done for many years. However, one morning there was black ice around, resulting in you losing control and shredding apart your automobile, causing terrible personal injuries, including whiplash and broken bones in the spine and skull. A realistic situation that has now caused you financial burdens with medical bills piling up aside from monthly expenditures of the everyday standard.
As an employee absent from work due to an accident that was not your fault, the workers’ compensation program should cover your recovery period. This coverage will continue until you return to work or a doctor determines that you have a permanent disability.
Therefore, if your employer decides to terminate you beforehand, claiming anything else despite what happened through no fault of yours, then there’s a possibility that they’ve committed employment discrimination. Hence, this last action qualifies for filing separate legal claims against them: a personal injury claim without restitution and a lawsuit citing wrongful discharge.
When Personal Injury and Discriminatory Behaviors Coexist
Another example occurs when employees are asked to perform tasks that may be harmful or dangerous without proper training, resulting in injuries. Construction sites are a scenario where employees have experienced long-term health effects. This is because employers have yet to prioritize workshop sessions before planning assignments. Instead, they prioritize timely project delivery.
In such cases, two types of legal assistance are required to show clear-cut proof of how both situations played out. Attorneys must carefully study case details. These include witness accounts, collected surveillance footage, and testimony on previous organizational practices. They use this information to build arguments about liability distribution between the plaintiff and the defendant. These arguments are presented in standing trials, which can be challenging and vary by state. Typically, investigations for these trials last 2-3 years.
Intersecting legal disputes regarding personal injury issues at workplaces requires extensive research skills. This involves investigating facts, gathering scrutiny, and examining counter-arguments. Quality evidence-based suggestions are built based on this research, requiring expertise and attention. These suggestions are used to make ultimate decisions and reach a final judgment. Appropriate resolutions are enforced to ensure justice and serve the most equitable purpose. This helps avoid future misdeeds that could cost millions and irreparably damage an organization’s reputation.