The Fair Employment and Housing Act (FEHA) (California Government Code section 12900, et seq.) is the primary California law that prohibits harassment and discrimination in employment settings. Along with Race, Age, and several other personal characteristics, FEHA prohibits discrimination in the workplace based on a Physical Disability.
A Leg Injury May Be a Physical DisabilityA leg injury can qualify as a physical disability if it makes it more difficult for you to achieve a major life activity. Under FEHA, the term “major life activity” includes activities such as working. Thus, you should not be discriminated against by your employer due to a leg injury that makes it more difficult for you to work, or temporarily prevents you from working.
Being Fired Due to a Leg Injury May Violate California LawIt may not be easy to determine whether you were fired due to a leg injury. For this reason, if you have even the slightest suspicion your employer fired you due to a leg injury that made it more difficult for you to work, or temporarily prevented you from working, you should Contact the experienced and caring attorneys at Kokozian Law Firm. Your employer may have discriminated against you in violation of FEHA, in which case you have rights and remedies that must be pursued within strict time limits.
Taking Time off From Work Due to a Leg InjuryRegardless of whether the injury occurred at work or outside of work, leg injuries—including injuries to the thigh, calf, knee, ankle, foot, and toes—cause California workers to miss considerable time from work.
Your Duty to Inform Your Employer That You Need Time off From Work Due to a Leg InjuryObviously, in the event of a traumatic leg injury, you may not be able to give your employer advance notice that you will be out from work. Otherwise, to the extent possible, you should always notify your employer in advance if you are going to miss work due to a leg injury—or due to any medical reason.
Know Your Right to Privacy as to Your Medical InformationWhile you should inform your employer that you are going to be out for a medical reason and provide any medical provider notes substantiating your need to take time off from work, you do not forfeit your right to privacy as to your medical information because you need time off from work. You are not obligated to tell your employer that the reason you are out is due to a leg injury. Your employer need only know that you are out from work due to a medical reason.
Disability Payments and Job Protection While off Work Due to a Leg InjuryDepending on your circumstances, you may be entitled to monetary disability benefits while you are off work, and you may be protected from losing your job while off work under California workers compensation laws or the California Family Rights Act (California Government Code sections 12945.1, 12945.2, and 19702.3).
Seeking Accommodation at Work Due to a Leg InjuryCalifornia workers also frequently require accommodations from their employers due to leg injuries.
What Are Work Restrictions?After you are injured, your medical provider may at some point provide you with a note documenting your “work restrictions.” Work restrictions are clear and specific limits on the job tasks you can perform. Work restrictions can be permanent, if due to your leg injury you will no longer be able to perform certain job tasks. Work restrictions can be temporary, if you are only unable to perform certain job tasks while recovering from your injury.
What Is an Accommodation?Under FEHA, if you have a disability, your employers must provide you with reasonable accommodation—a modification or adjustment that enables you to continue working within your work restrictions or abilities unless the accommodation would create an undue hardship for your employer (e.g., great expense or difficulty). An accommodation may be required due to a specific work restriction, or because you have expressed to your employer that it is hard for you to do something at work.
Examples of an AccommodationYour employer might change certain of your job tasks, or reduce your time on those tasks, or provide you with equipment that would make it easier for you to do your job tasks. Another example of a reasonable accommodation would be to provide you with an unpaid leave of absence for a specific period until you can resume your usual job duties.
Fired Due to Taking Time off From Work or Seeking Accommodation at Work Due to a Leg InjuryWhen you miss considerable time from work due to a leg injury or request a reasonable accommodation due to a leg injury, there is a heightened risk that you will be fired due to your leg injury. Of course, this should not happen—and in a perfect world would not happen. Firing you due to your leg injury is unlawful under FEHA and other laws such as the federal Americans with Disabilities Act (42 United States Code section 12101 et seq.) Yet, workers like you are fired due to injuries and illness all too often.
What if Your Employer Gives a Reason Other Than Your Leg Injury for Firing You?Your employer is unlikely to say straight out you are being fired due to a leg injury. However, regardless of what reason you were given for being fired, you can infer from the circumstances if the real reason you were fired was due to a leg injury. If this happens to you, Contact Kokozian Law Firm.
Leg Injuries in the WorkplaceWhatever the cause of the injury, having an injury while on the job can be taxing on you physically and mentally. Leg problems can be minor or serious, including pulled and burst muscles, fractures, and musculoskeletal disorders such as bunions and Plantar Fasciitis. Leg injuries can be caused by overuse or traumatic events. You may have pain, swelling, cramps, or weakness.
Jobs That Cause Leg Injuries or Make Them WorseStudies have shown that desk jobs are not good for your health. Conversely, working for extended periods (over two hours at a time) on your feet is also associated with health problems. Jobs that permit workers the flexibility of periodically standing, sitting, and moving around reduce leg muscle fatigue and the incidence of leg and back problems.
Older Workers Are More Likely to Have Leg InjuriesOlder workers are at increased risk for leg injuries and fractures because they lose bone strength and muscle mass as they age. Older workers also have more problems with balance and vision, which leaves them more vulnerable to leg injuries.
Contact UsIf your employer has fired you from your job due to a leg injury, or another type of injury or health condition, such as cancer, or if your employer or former employer has otherwise violated your rights under California law, call the experienced employment attorneys at Kokozian Law Firm, APC or Contact Us via our online form.