Is Employment Law and Workers’ Compensation Law One and the Same?

Worker’s compensation law and employment law are two separate but related areas of the law. Because of their shared focus on employees and the workplace, employment law and workers’ compensation law often intersect. These are, nevertheless, distinct branches of the law.

Oregon Workers Comp Attorney

Employment Law Violations

Companies tend to violate several employment laws. However, they often go unnoticed by the employees. If any of the following worries an employee, it’s crucial that they consult a lawyer.

  • Americans with Disability Act (ADA) violations, such as being demoted for asking for a reasonable accommodation or not getting one.
  • Disputes involving non-compete agreements, intellectual property ownership, benefits, pay, and other terms of employment contracts.
  • Discrimination against workers on the basis of their age, skin tone, disability, nationality, race, religion, or sex.
  • Retaliation from an employer which can take several forms, including unfair treatment or a reduction in working hours.
  • Employer violations of the Family and Medical Leave Act (FMLA), such as refusing a request for leave or requiring an employee to work during leave.
  • Harassment, including sexually explicit or threatening behavior.
  • Misclassification of employees as independent contractors or non-exempt from overtime is a common practice used by certain companies to reduce their tax obligations, avoid paying the minimum wage, and avoid paying their worker’s overtime.
  • Occupational Health and Safety Administration (OSHA) violations.
  • Unlawful termination.
  • Disputes involving wages and hours not being paid.

There are legal recourses available to you if your employer has committed any of these employment law violations employment. It’s possible to get compensation for lost wages and pain and suffering. The statute of limitations, as well as state and federal rules, are just a few of the complications to take into account while deciding whether to pursue a legal claim. Feel free to get in touch with our experienced Oregon Employment Law Attorney if you need assistance with an Oregon employment law matter or if you have any questions on Oregon employment laws.

Portland, Oregon Workers Comp Attorney

Applicability of Workers’ Compensation Law

Lawyers that specialize in workers’ compensation seek to resolve cases involving occupational diseases and injuries sustained by employees on the job. Employees who sustain injuries on the job may be entitled to workers’ compensation benefits such as medical care, wage replacement, and more.

Can Employment Law and Workers’ Compensation Law Overlap?

There are situations when both types of the law are applicable. Employment law and workers’ compensation law may intersect in a situation where an employee who has suffered an occupational injury is later terminated for bringing the matter to light. This is because it’s possible that the injury qualifies for workers’ compensation and that firing them was illegal. Similarly, if an employee who has filed for workers’ compensation is subjected to verbal abuse because of the claim, this would be considered  retaliation in the eyes of the law.

An experienced Portland Workers Comp Attorney can assist you if you believe you have a case under workers’ compensation in the state of Oregon. Feel free to reach out to our experienced workers comp attorney if you or your loved one have suffered any injury at the workplace, or need our experienced attorney representation for your workers’ compensation claim, or have any questions regarding pursuing a workers’ compensation claim.