The Spiggle Law Firm Podcast

Specialized Aspects of Workplace Law: Workers’ Comp and Disability Cases


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What do you do when your employment case goes beyond discrimination or wrongful termination? Who should you hire when your case crosses over into specialized areas of employment law like workers’ comp or disability?

If an injury occurs in the workplace, it falls under workers' compensation laws. This is a highly specialized area of law and usually isn't handled by attorneys who primarily focus on wrongful termination or discrimination cases. Workers' comp attorneys handle claims related to workplace injuries and are well-versed in the intricate legalities involved. It's important to engage a lawyer with expertise in this specific area.

The second area that is workplace related but involves matters often not handled by the lawyer that will do your discrimination case are disability claims or long and short-term insurance matters.

Long-term disability often gets into an area of law called ERISA, the Employment Retirement Income Security Act. ERISA is a very technical area of the law. Dealing with insurance policies, short or long-term disability, and ERISA requires expertise and in-depth knowledge of this legal niche.

It's important to note the potential crossover between workplace disability claims and claims under the Americans with Disabilities Act (ADA). Cases where short or long-term disability claims intersect with ADA claims can become complex and require attorneys with specialized expertise in both areas. Understanding the nuances and complexities in these situations is essential to navigate the legal landscape effectively.

Talk to a legal professional if you aren’t certain about the category of your case. Attorneys involved in discrimination cases often have referrals to attorneys practicing in these specialized areas.

 

You Will Learn

1️⃣ Why an employer might prefer a workers’ comp case to an ordinary discrimination or wrongful termination case

2️⃣ What types of cases usually require an attorney with a specialized practice area

3️⃣ What is ERISA (Employment Retirement Income Security Act)

4️⃣ Why understanding the potential crossover between disability claims and claims under the Americans with Disabilities Act (ADA) is crucial for effective legal navigation

5️⃣ When to seek guidance from legal professionals practicing in a specialized area of employment law

 

Links and Resources

https://www.avvo.com/

Check with your local bar association for referrals

 

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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.

 

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The Spiggle Law Firm PodcastBy Tom Spiggle