Employment Law and Workers’ Compensation Law are NOT the Same Thing
Employment law and workers’ compensation law overlap because they both pertain to workers and their workplace. However, they are two different areas of the law. Here are the essential distinctions between these two areas of the law.
EMPLOYMENT LAW is Concerned with how You are Treated at Work.
Employment Law is About:
- ADA Violations – The Americans with Disability Act (ADA) prohibits discrimination in the workplace based on disability. Employers anywhere in the country, including Washington State, with 15 or more employees, must provide individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
- Discrimination – Employers cannot treat employees differently due to race, color, religion, sex, age, disabilities, genetic information or national origin.
- Employment Contract Disputes – These disputes involve issues arising from formal employment contracts. These issues typically include non-complete clauses, wages, bonuses, benefits, duration of employment, ownership of intellectual property, and confidentiality.
- FMLA Violations – Employers with over 15 employees must follow the FMLA which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform his or her job due to a serious medical condition; needs to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). Following the leave, the employee should be returned to the same or equivalent position.
- Harassment – This includes any behavior intended to disturb or upset an employee at the workplace. This can also include threatening behavior and unwanted sexual advances.
- OSHA – Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly neglects to protect federal employees, military base employees, longshore and offshore employees.
- WISHA – The Washington Industrial Safety and Health Act (WISHA) protects all workers in the State of Washington. Violations of the act are handled through the Labor & Industries: Workplace Rights Section.
- Retaliation – This occurs when an employer seeks revenge against an employee for the wrong reasons. To fall under retaliation, the following must be present: (1) the employee was involved in a protected activity, (2) the employee performed the job according to the employer’s expectations, (3) the employee suffered a materially adverse employment action, and (4) the employee was treated less favorably than similarly situated employees.
- Employers violate the law when they misuse light duty, now enforce previously unenforced rules, alter job duties, adjust work hours, pay less, lay off employees, make unfair evaluations, and engage in other forms of harassment.
- Wage and Hour Disputes – These disputes include unpaid time, improper distribution of tips, and failure to pay for breaks. Issues involving the misclassification of employees and independent contractors also fall within this employment category.
- Wrongful Termination – Being fired from your job illegally!
- Volunteers /Unpaid Interns – Who are really employees. Trendy businesses can often get followers to do the company’s work without pay. If “volunteers” or “interns” are, in fact, employees, then they should be paid for their work. Unpaid Internships 101
You can sue your employer for any of the above violations! Awards can include lost wages and monetary awards for pain and suffering. These cases are argued before the Washington State Human Rights Commission, the Federal Equal Employment Opportunity Commission (EEOC), and the United States Department of Labor. The statute of limitations can be short for these cases. If you need legal help, get it now.
Employment Law attorneys handle employment law cases. That is not us. We do workers’ compensation. If you need an employment law attorney, many of them can be found online.
WORKERS’ COMPENSATION LAW is Concerned with Your Job Injury or Occupational Disease Claim.
Workers’ Comp Law is About:
- On-the-job injuries or occupational diseases. Workers injured or made sick by their work are eligible for Workers’ Compensation. Benefits include medical care, time-loss compensation, permanent partial disability, vocational rehabilitation, pensions, and other payments. The Washington State Department of Labor & Industries (L&I) manages state fund cases and presides over self-insured cases. Workers’ Compensation is a no-fault system of social insurance that, in theory, provides sure and certain relief but takes away your ability to sue your employer for most job injuries.
Can Employment Law and Workers’ Compensation Law Overlap?
- Yes! The issues in employment law cases often overlap with those in workers’ compensation cases. For example, a worker is hurt on the job and files an L&I claim. The employer then fires that worker. At that point, the worker has both an L&I and an Employment law claim or two:
- The existing L&I workers’ compensation claim must be filed within one year of an injury.
- The tort of Wrongful Discharge in Violation of Public Policy is available for wrongful firing. This is an Employment law claim and must be filed within three years of notification of the wrongful termination. Remedies include lost wages and emotional distress. Sometimes, the employer will be required to pay your attorney fees.
- A violation of the law against discrimination, as outlined in RCW 49.60.180, is available to protect employees with disabilities. Employers discriminate when they misuse light duty, now enforce previously unenforced rules, change job duties, change work hours, pay less, lay off, make an unfair evaluation, and use other forms of harassment. This is Employment law and must be filed within three years of the adverse action. Remedies include lost wages, lost promotions, lost benefits, and they pay your attorney fees if you win.
Workers Compensation Discrimination
- When an employer discriminates against a worker with an open workers’ compensation claim, that is discrimination. L&I has a weak remedy for this problem, RCW 51.48.025(1). The filing deadline is 90 days. Here is the L&I Discrimination Complaint Form.
- Employment law has a better, more substantial remedy for discrimination. The time limit for filing is within three years of notification of the adverse action.
- Employers may sometimes discriminate by misusing light duty, enforcing previously unenforced rules, altering job duties, adjusting work hours, reducing pay, laying off employees, making unfair evaluations, and engaging in other forms of harassment.
If you have a Washington Workers’ Compensation claim, we can help you. Our attorneys have been part of the Seattle legal community for years.
If you have an employment law case, consult a lawyer who specializes in employment law.
