Are Employment Law and Workers’ Compensation Law the Same?
No, there are differences between workers’ compensation law and employment law, but the two types of law do overlap in some situations. Which makes sense, because both types of law establish rules about the relationships between employers and employees. But, while workplaces are a connector, there are distinctions.
If you have legal questions about your workplace, connect with a Columbus employment attorney. When a dispute is because of how you were treated within the workplace, it is likely an employment law issue. But if you need to file a job injury claim, the dispute would likely fall under workers’ compensation law.
Employment Law Violations
There are a variety of laws that employers violate. It is important employees talk to a lawyer if any of the following is a concern.
- Americans with Disability Act (ADA) violations, such as demotion or denial of requests for reasonable accommodations.
- Contract disputes, including issues around non-compete clauses, intellectual property ownership, benefits, wages, and more.
- Discrimination against employees due to their age, color, disabilities, national origin, race, religion, or sex.
- Employer retaliation, such as when an employee is treated in a poor manner or there is an unwarranted job reduction.
- Family Medical Leave Act (FMLA) violations, such as an employer denying a leave request or expecting an employee to work while they are on leave.
- Harassment, such as unwanted sexual behaviors or threats.
- Misclassification of employees as either independent contractors or exempt from receiving overtime to minimize the taxes, minimum wage, and to avoid overtime amounts an employer is required to pay.
- Occupational Safety and Health Administration (OSHA) violations.
- Unlawful termination.
- Unpaid wage and hour disputes.
If you have experienced a violation at work, there are paths to compensation. It may be possible to secure lost income and financial compensation on various bases, including pain and suffering. When you decide to move forward with a legal claim, there are many complexities to consider, from statute of limitations to local and federal laws. When you have an Ohio employment law dispute, legal help is available, talk to a Columbus employment attorney.
When Does Workers’ Compensation Law Apply?
When legal professionals are working in workers’ compensation law, they are working to settle issues of occupational diseases and workplace injuries. When a worker is injured on the job, they may be eligible for a variety of workers’ comp benefits, including income compensation, medical care, and more.
There are times when both areas of law apply. If an employee is suffering from an occupational injury and then is fired for bringing the issue to light, both employment law and workers’ compensation law could come into play. This is because the injury could be eligible for workers’ comp and the termination may be unlawful. Or if there is an example of retaliation, such as an employee who is denied workers’ comp experiencing verbal abuse for filing a claim, then this would fall under workers’ compensation retaliation in the employment law realm.
Was there an employment law violation at your Ohio workplace? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.