Hostile Work Environment

Am I Allowed to Sue for a Hostile Work Environment?
If you’ve ever been involved in a challenging situation at work where your employer or a co-worker has made it impossible to complete your tasks, you may be wondering one thing: “Can I sue my employer for creating a hostile work environment?” Of course, like any matters concerning civil law, there are various factors that go into determining yours and other employees’ rights to file workers’ compensation claims for the damages sustained.

Going through any kind of hostile work environment lawsuit requires you to recognize your rights to compensation. You must know the hostile work environment definition, understand who is responsible, and how this type of situation falls under workers’ compensation California laws. 

Before you do anything, make sure you keep a record of everything that’s happening in your workplace so you can report the incidents properly. Having strong evidence can help you when it comes time to file a workers’ compensation claim when you suffer injuries because of the hostile work environment. Below, we’ll provide you with valuable information you can use to bring forth a workers’ compensation claim to pursue the benefits you need. 

What is a Hostile Work Environment?
A hostile work environment is defined as one where it is impossible to do your job because of someone (your employer or a co-worker) else’s actions, behavior, and communications. There are many things that the law considers a hostile work environment. However, when it comes to connecting these situations to workers’ compensation laws, they must cause you to suffer a severe injury that prevents you from working and earning an income. 

Workers’ compensation benefits allow you to recover a portion of your income for the amount of time you’re unable to work. They can also help you supplement any differences in income from your new position--if you’re physically unable to continue your old position--and your old income. These benefits are available through your employer’s workers’ compensation insurance. It’s important to understand if your employer has this type of insurance. 

These benefits can help in the event you suffer a severe injury in the workplace--even if the injury comes at the malicious actions of a co-worker or your employer. You still must follow the necessary steps to file a claim in a timely and accurate manner. 

Examples of a Hostile Work Environment
Before you can file a lawsuit, be sure to ask an attorney one important question: “What behaviors are considered criteria for a hostile work environment?” In many cases, people think that an employer or co-worker being rude or inappropriate is enough to create a hostile work environment. However, this is not enough to file a lawsuit; it is simply a nuisance. Instead, you need to show that the actions and communication of the other party makes it impossible for you to work because you’re uncomfortable. 

What is a hostile work environment? These actions can create an uncomfortable workplace: 

• Hostile work environment harassment: Harassment comes in many forms, but in terms of injuries, harassment may come in the form of teasing that leads to mental trauma. Mental injuries can occur if someone harasses you enough. Your employer or co-worker may be teasing your race, age, gender, sexuality, or religion. If the harassment is enough to make you uncomfortable and unable to complete your day-to-day tasks, you can take action.
• Hostile work environment bullying: While bullying can also include teasing, there are other methods of bullying that can come into play. For instance, your co-worker may think it’s funny to trip you as you’re trying to carry items as per your job description. Your employer may shove you out of his or her way in a community area. If you’re bullied at work, it may not cause the most significant injuries, but it can still result in severe harm. 
• Physical altercation at work: This may be one of the worst situations that can arise. A physical fight or other altercation at your job can lead to a workplace injury. For instance, if a co-worker punches you and you fall, you may hit your skull, resulting in a head injury. Your co-worker may shove you to the ground, forcing you to sustain a back injury. Even worse, enough workplace violence can result in a neck injury. Neck pain can worsen and become a significant problem.
• Sexual harassment: A hostile work environment can involve sexual harassment--both verbal and physical. Verbal sexual harassment may include a co-worker saying inappropriate jokes when you’re trying to do your job or making sexual advances towards you. Physical sexual harassment can involve a co-worker or employer touching you or trying to kiss you. Anything that makes you uncomfortable can make it impossible to work.

What are My Rights as an Employee?
Whether you need to pursue a hostile work environment lawsuit settlement or go through a workers’ compensation claim, it’s vital to understand how to prove a hostile work environment exists. If you’re an employee who has suffered harm, it’s vital to recognize what rights you have to move forward and hold someone accountable for their actions. Here are the rights you have that are protected under the law: 

• You have the right to file a workers’ compensation claim: If you suffer an injury at work, you have the right to go through your employer’s insurance provider to file a claim for workers’ comp benefits. These benefits are essential to your ability to make a living when the injuries force you out of work for an extended period of time. 
• You have the right to work in a safe environment: You shouldn’t have to endure any kind of physical harm or verbal harassment in a place where you spend countless hours each week. You must work to make a living--it’s not right for someone to make it a challenging task for you to complete your day-to-day job. 
• You have the right to request the harassment to stop: You may want to try and speak with your employer or human resources manager to determine what actions need to occur to stop a hostile work environment. If your employer is the one creating a hostile work environment, make sure you speak with the company’s human resources department to determine the steps to take to prevent it.

If you’re going through a workers’ comp claim, it may be in your best interests to work with a workers’ compensation attorney who can help you pursue your benefits. You have the right to legal representation to help strengthen your claim as much as possible. 

Can I Report My Dangerous Workplace?
Unfortunately, far too many people who suffer from a hostile work environment fail to report the incidents they encounter because they fear what will be done if they do. Perhaps your co-worker is threatening even further physical violence or your employer threatens to fire you if you report a hostile work environment. These are illegal actions and you are protected under California law from retaliation if you report a workplace for being hostile.

You may also be hesitant to report a hostile work environment if your employer is the one responsible. However, you can still go to your work’s human resources manager or to the California Division of Workers’ Compensation to report the incidents you have encountered. Make sure you have the necessary evidence to show that you have suffered harm. You may look into hostile work environment cases to see what can be done to stop retaliation from occurring. 

What Happens if I Suffer an Injury?
If you suffer injury, like any workplace injuries, you have the right to work with a workers’ comp attorney. You may need to pursue benefits in a workers’ comp settlement that allows you to recover compensation for your long-time damage. It’s not always the easiest process to go through, but having someone on your side to go through the process can prevent you from making common mistakes. 

If you suffer an injury in your workplace because of someone else’s action, make sure you take the following steps: 

• Report the injury and incident to your supervisor, human resources, and your employer.
• Seek medical attention as soon as possible for treatment and for medical records showing you suffered harm. 
• Document any witnesses who may have seen the incident that caused you harm.
• Document all other individuals involved and how they caused your injuries. 
• Notate the time, date, and location of the incident. 

Insurance companies often try to wrongfully deny workers’ comp claims and look for mistakes you may make to do so. By taking the above steps and working with a workers’ comp lawyer, you can best safeguard your rights to benefits. 

What Types of Compensation May I Recover?
Filing a workers’ comp claim or hostile work environment lawsuit means you need compensation. You may be wondering what type of compensation to which you may be entitled. Of course, benefits vary, but they can be used to cover numerous losses that you experience because of the injury. Under California workers’ compensation laws, you may be able to recover the following types of benefits: 

• Medical expenses: You may be able to get compensation for the treatments, evaluations, surgeries, and prescriptions you received for your injuries. These out-of-pocket costs can increase quickly, and getting compensation can help to alleviate your financial hardship.
• Temporary disability: This type of benefit pays out when you need to take time off from work for an injury you sustained. Temporary benefits pay out a portion of your average income and can be used for a maximum of two years following the date of your injury. 
• Permanent disability: When your injuries are more severe and you’re unable to work in any type of position due to your damages, you may qualify for permanent disability benefits. The amount depends on your age, occupation, injury severity, and doctor’s restrictions. 
• Vocational retraining: If your injury causes you to lose the ability to return to your previous job, but you can still work in a different occupation, these benefits allow you compensation to pursue retraining. You will receive a voucher that allows you to cover tuition, books, and any other applicable fees. 

When you suffer harm in the workplace, you must know that you have rights to pursue compensation for your damages. Whether you need to go through workers’ compensation or a hostile work environment lawsuit, you should work with someone who can not only protect your rights, but also position your case favorably to pursue the results you need. 

You can go through the process alone, but there’s a higher chance of your claim being denied because insurance companies are focused on their profits over claimants. They may try to find anyway to deny your claim and you may not recognize your rights to file an appeal. Even the smallest mistake such as an incorrect date can trigger a denial. It’s vital to work with someone who can help you understand what needs to be done and the deadline by which you must complete your claim. 

Our Victorville hostile work environment lawyer can help you understand your rights to pursue legal action against your employer or file a workers’ comp claim. We’ll investigate the factors of your case to determine the most effective methods to pursue the compensation you need and help you compile the necessary paperwork to get everything started. We’ll help you understand what you need and when you need it to best prove your injury resulted from workplace dangers. 

At Ozeran Law, we have significant experience representing our clients through the most difficult matters. We prioritize our clients’ rights so they can have peace of mind every step of the way. We’ll get through these matters with confidence because our clients need it during such a challenging time.  

If you need to discuss a workers’ compensation claim or potential hostile work environment case, we encourage you to fill out our contact form. You can also reach us by calling (760) 239-5922 and speak with a member of our legal team about your rights.