Being a pregnant worker does not limit your right to fair and just compensation after a work injury. If you are hurt on the job, you may be able to seek compensation for your medical bills, lost wages, and other out-of-pocket expenses. A pregnant work injury in Florida can carry more weight and may have additional complications. For that reason, be sure you turn to a local Florida workers’ compensation attorney to help you navigate this process.
Pregnancy and Workers’ Compensation Laws in Florida
A person who suffers an injury or illness at work, or who dies as a result of their work, has the right to seek financial compensation for the injuries they have suffered under the state’s workers’ compensation laws. This occurs if the injury arises out of the course of employment as defined by the law. Pregnancy itself is not a work injury. That means you cannot claim workers’ compensation just because you are pregnant. If you become ill or injured as a result of complications of pregnancy, you may not have a valid workers’ compensation claim.
In situations where a pregnant worker becomes ill or suffers an injury while working, they are entitled to the benefits of workers’ compensation in the same way that any other party could be held responsible.
Workers’ Rights in Pregnancy and Pre-Existing Conditions
One of the factors that could make a work-related injury while pregnant is the existence of pre-existing conditions. A pre-existing condition is some type of physical condition that you have that is not related to the work injury. For example, if a pregnant mother has gestational diabetes or high blood pressure, that is a pre-existing condition.
This does not eliminate your right to workers’ compensation. However, it will be critical for your attorney to demonstrate that the pre-existing condition did not cause your injury at work and that your injury is, in fact, a direct result of the work you are doing.
There are times when a pre-existing condition could play a role in your accident. For example, a work-related injury could make your pre-existing condition worse. In these situations, you must demonstrate that at least 51% of the current state of your disability is related to the work injury and not to pregnancy.
Consider an example. If a person suffers from high blood pressure due to the pregnancy, but they are in a high-stress job, it can be hard to know where the fault lies if an accident happens. If your high blood pressure causes you to pass out and you strike your head, your attorney will need to show that this occurred as a result of the high stress on the job and not fully as a result of pregnancy complications.
It is certainly more complex to navigate these types of work injuries. The proof of your losses can be challenging to understand, and in some situations, you may find that it is impossible to know what caused the incident. Your attorney’s experience can play an important role in this process.
Do Employers Need to Provide Job Accommodations for Pregnancy in Florida?
There are rules that require employers to provide some accommodations to employees who are pregnant. Under the Pregnant Workers Fairness Act, an employer is required to provide reasonable accommodations for a worker’s limitations due to pregnancy or a related condition. The only way around this is if your employer can demonstrate that offering those accommodations poses an undue hardship to the employer. Some examples of the types of modified duties that the employer may be able to provide include:
- Offering flexible hours
- Allowing the worker to park closer to the door
- Providing safety equipment and uniforms that are the right size
- Ensuring the worker has access to frequent bathroom breaks and water
- Allowing the worker to sit and rest at various times
- Providing leave or time off after childbirth
- Excusing the employee from strenuous work that could cause harm
- Eliminating the employee’s exposure to toxic substances that could cause harm
Often, this must be done based on the individual’s needs. IF your doctor determines you can work but need to sit more often, and that is something that your employer can offer reasonably, they should do so. Typically, this law only applies to employers who have 15 or more employees.
Workers’ Rights in Pregnancy in Retaliation Cases
An employer cannot take any negative action against an employee who files a workers’ compensation claim against the company. This falls under the rules forbidding retaliation. For example, if a worker is hurt on the job and files a workers’ compensation claim, but the employer terminates their employment, that could be retaliation in some situations. These same rules apply to a pregnant worker.
If you need accommodations and the employer can provide them, but fails to do so, and punishes you in some way, that could be seen as retaliation. For example, if you suddenly lose your job because you requested job accommodations during pregnancy, that could be construed as retaliation. Not every situation fits this rule, though, as employers are still able to terminate employment or limit hours if they had done the same thing if the worker were not pregnant.
How a Work-Related Injury Attorney Can Help
A pregnant work injury in Florida can be devastating. You may be sure what your right to compensation is or how to file a claim. For someone who is pregnant, the thought of losing their job is terrifying in itself.
That is where having an attorney can make a big difference, especially if you believe your workers’ rights in pregnancy were abused. At Ara Work Injury Law, we bring years of experience fighting for victims of employer losses, and we can be there to help you as well. Call us at 561-934-3272 if you have been hurt in Florida during a work-related incident, whether you are pregnant or not. We would be happy to offer a free consultation to discuss your rights and legal steps.
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