Workers' Compensation Law Is Not Employment Law

 Because employment law and workers' compensation law both deal with individuals and their workplaces, the two terms are sometimes used interchangeably in conversation, despite the fact that this is wrong. Here are the fundamental differences between these two crucial legal areas.

Employers with 15 or more employees in any state, including Washington State, must offer individuals with disabilities with equal access to the entire range of employment possibilities available to others.

Issues originating from formal employment contracts are the subject of these types of conflicts. Non-compete agreements, salary, bonuses, benefits, length of employment, intellectual property ownership, and confidentiality are all common concerns.

Employers with more than 15 employees must follow the FMLA, which allows employees to take up to 12 weeks off without pay if they are unable to perform their job due to a serious medical condition, need to care for a sick family member (including a spouse, child, or parent), or are caring for a new family member (by birth or adoption). The employee should be returned to the same or similar position after the leave.

Occupational Safety and Health Administration infractions occur when a company intentionally fails to protect government employees, military base employees, longshore and offshore workers. (The death of a SeaWorld trainer by an orca whale is a recent example.)

When an employer attempts retaliation against an employee for something the employee believes is legal. To be subject to retribution, the following conditions must be met: (1) the employee engaged in a protected activity (2) the employee met the employer's expectations (3) the employee was subjected to a materially adverse employment action (4) the employee was treated less favorably than similarly situated personnel



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