Since employment law and workers’ compensation law relate to people and their workplace, it is common, though incorrect, for the two to be used interchangeably in conversation. Here are the key distinctions between these important areas of law.
labor law is:
- ADA violations – The Americans with Disabilities Act, ADA, prohibits discrimination in the workplace on the basis of disability. Employers anywhere in the country, including the state of Washington, with 15 or more employees must give people with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
- Discrimination – Employers may not treat employees differently because of race, color, religion, sex, age, disability, genetic information, or national origin.
- Employment contract disputes – This type of conflict involves issues arising from formal employment contracts. These topics typically include non-compete clauses, salaries, bonuses, benefits, length of employment, ownership of intellectual property, and confidentiality.
- FMLA violations – Employers with more than 15 employees must follow the FMLA, which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform their job due to a serious medical condition; you need to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). After leave, the employee must return to the same or equivalent position.
- Bullying – This includes any behavior intended to annoy or annoy an employee in the workplace. This can also include disruptive threatening behavior and unwanted sexual advances.
- OSHA – Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly refuses to protect federal employees, military base employees, longshore and offshore employees. (A recent example is the death of SeaWorld’s trainer at the hands of an orca whale. OSHA fined SeaWorld approximately $75,000 for safety violations.)
- DESIRE – The Washington Industries Safety and Health Act protects all workers in Washington State. Violations of the law are handled through L&I (Labor & Industries).
- Retaliation – This occurs when an employer seeks to get back at an employee for something the employee feels is legally correct. To be retaliated against, the following must be present: (1) the employee was involved in a protected activity (2) the employee performed the work in accordance with the employer’s expectations (3) the employee suffered a materially adverse employment action (4 ) the employee was treated less favorably than employees in similar situations.
- Wage and hour disputes – These disputes include unpaid time, illegal distribution of tips and non-payment during breaks. Issues related to the misclassification of employees and independent contractors also fall under this category of employment.
- Wrongful Termination – Being fired from your job illegally!
You can sue your employer for any of the above violations! Awards may 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 US Department of Labor.
employment law attorneys Handle employment law cases.
The Workers’ Compensation Law is:
- Work accidents or occupational diseases.
Workers injured or made ill by their work are eligible for Workers’ Compensation. Benefits include medical care, lost time compensation, permanent partial disability, vocational rehabilitation, pensions, and other payments. The Washington State Department of Labor & Industries (L&I) administers state-funded cases and presides over self-insured cases. Workers’ Compensation is a flawless social insurance system that, in theory, provides safe and certain relief, but takes away your ability to sue your employer for all injuries except intentional injuries.
Workers’ compensation law is what we do. If you need Washington workers compensation advice click here, if you need a Washington workers compensation attorney, call and we will do our best to answer your questions and help you.
Can they overlap?
Yes! Sometimes problems in employment law cases overlap with problems in workers’ compensation cases. For example, a person in Seattle, WA could be injured on the job and, at the same time, experience discrimination due to their advanced age. This would result in both a workers’ compensation claim and an age discrimination lawsuit. Therefore, this individual would have two different cases and two different sets of remedies.