Is Pregnancy Covered under Workers’ Compensation?
Pregnancy is a valuable period in a woman’s life. However, many women need to continue working while pregnant, and you could be one of them. The thing is that pregnancy exposes you to injury risks that may also harm the child in your womb.
So, you may wonder if you can claim workers’ compensation if you sustain work-related injuries while pregnant?
You may also wonder what employment rights you have during pregnancy and after giving birth.
This article will clarify some vital points for you.
Workers’ Compensation and Pregnancy
Workers’ compensation is the benefits employees should receive if they sustain any work-related injuries or diseases. It includes essential benefits like:
- Medical expenses coverage
- Temporary or permanent disability benefits
- Supplemental job displacement or retraining benefits
- Death benefits
The thing is that workers’ comp won’t cover pregnancy itself because it’s not a work-related injury. However, you may claim workers’ comp if you sustain work-related injuries while pregnant. You may also claim benefits if a workplace accident results in miscarriage or stillbirth.
Filing a Workers’ Comp Claim
Follow these steps when filing a compensation claim:
- Seek a medical check-up and report the injury to your employer. Ideally, you should inform your employer within 30 days of sustaining the injury.
- Fill in the employee’s portion of a compensation claim form. Pass the form to your employer, so that they can fill in their part of the form before submitting it to their insurance carrier.
- Your employer’s workers’ comp insurance provider will investigate your claim. It’s great if they approve your claim after the investigation, so you can start receiving benefits.
- Apply for adjudication of a claim if the insurance carrier denies your case. You need to attend legal proceedings in the Workers’ Compensation Appeals Board for adjudication.
Claiming workers’ comp is quite complicated, and it could be stressful if you are pregnant. Thus, it’s better to hire a workers’ compensation attorney in Glendale to assist you through the process.
Additional Employment Rights for Pregnant Women
Employers should acknowledge the rights of their pregnant employees, like:
Work Responsibility and Schedule Adjustments
Pregnant women cannot handle dangerous and arduous workplace tasks. So, the employer should temporarily assign them to a safe job position.
For example, suppose the pregnant woman’s job involves handling dangerous chemicals in a manufacturing facility. Her employer may temporarily have her handle office tasks for a few months while she’s pregnant.
Moreover, the employer should allow a pregnant worker to take more time to rest.
The Family Medical Leave Act (FMLA) allows you to take a 12-week unpaid leave if you satisfy these conditions:
- You’ve worked with your current employer for at least 12 months before taking leave.
- You’ve worked with your current employer for at least 1,250 hours within the stated 12 months period.
- You work for a company with at least 50 employees within 75 miles.
Moreover, companies with at least five employees should provide additional leave according to the Pregnancy Disability Leave Act. This California law revolves around letting a woman get enough rest before and after delivery.
California provides financial support for women who take maternity leave. The state will provide 60% of your wage, up to $1,300 in a week.
It applies to all companies with any number of employees.
Your employer should reinstate you back to your regular job after your leave.
However, your employer can also assign you to a comparable job with similar duties in a nearby location from your old workplace.
Hire a Glendale Workers’ Compensation Lawyer for Your Rights as a Pregnant Worker
Working while you are pregnant is a challenging period. That’s why knowing your employment rights protect you and your unborn child’s welfare.
Consulting a workers’ compensation attorney in Glendale helps protect your employment rights. They can also make claiming processes smoother for you, so you don’t undergo unnecessary stress that can harm you and your child.