Preserving Your Military Career After a Personal Injury
Serving in the military is an honorable and courageous commitment. However, unforeseen injuries can occur, putting your career at risk. It can be devastating to face losing your livelihood and the sense of purpose that comes with serving your country. Don’t lose hope! An Orange County military injury lawyer can help protect your Army, Navy, Marine Corps, Air Force, or Coast Guard career after a personal injury. Our dedicated, talented legal team understands the intricacies of military law and will fight tirelessly to preserve your rights and ensure that you receive the compensation and support you deserve.
Your Legal Rights as a Military Service Member
As a military service member or veteran, your employment rights are protected under both California Fair Employment and Housing Act (FEHA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These laws provide crucial protections to ensure that your military career is not jeopardized due to a personal injury.
FEHA: Protection Against Discrimination and Harassment
FEHA prohibits discrimination and harassment based on various protected characteristics, including military or veteran status. This means that your military service should not be a basis for adverse employment actions or mistreatment. FEHA also extends protection against discrimination based on other protected characteristics such as race, color, national origin, disability, and sexual orientation.
USERRA: Job and Benefit Protection for Reservists
USERRA provides job and benefit protection for U.S. military reservists who return to civilian employment after a period of uniformed service. This law ensures that you have the right to be reemployed in your civilian job, with the same benefits and opportunities that you would have received if you had never left for military duty.
Preserving Your Employment Rights
If you have suffered a personal injury while serving in the military, take immediate action to preserve your employment rights. Here are some key steps you should consider:
Seek Reasonable Accommodations
Under FEHA, if you have disabilities incurred during your military service, you may be entitled to reasonable accommodations in the workplace. This means that your employer must make changes or adjustments to help you perform your job effectively, despite any limitations resulting from your injury.
Protection from Termination and Career Advancement
While on military leave, you are protected from termination, and when you return to your civilian job, your employer should place you in the same position or provide promotions and pay raises as if you never left. This ensures that your military service does not hinder your professional growth and career advancement.
Continuation of Health Insurance Coverage
Employers are required to continue health insurance coverage while employees are on military duty. In addition, you may have the option to extend this coverage through COBRA or other group health plans. It’s important to fully understand your health insurance options and ensure that you have adequate coverage for any medical treatment related to your personal injury.
Preservation of Pension Plan Benefits
Your pension plan benefits should not be affected by your military leave. You may also have the opportunity to make up missed contributions during your absence. Understanding your rights and ensuring that your pension plan benefits are preserved is essential for long-term financial security.
Taking Legal Action to Preserve Your Military Career
If you believe that your employment rights under FEHA or USERRA have been violated, an Orange County military injury lawyer can take action to protect your military career. Here are the steps we can take as your legal representative and advocate:
File a Complaint with the California Civil Rights Department
If you believe that your rights have been violated under FEHA, the Law Office of William Bruzzo can file a complaint with the California Civil Rights Department. This department handles discrimination complaints and will investigate your case to determine if any violations have occurred. Filing a complaint is an important step towards seeking justice and holding employers accountable for their actions.
Act Promptly to Preserve Evidence for USERRA Claims
Unlike FEHA, USERRA does not have specific limitations on filing a claim. However, act promptly to preserve evidence and gather necessary documentation to support your case. This includes keeping records of your military service, medical records related to your personal injury, and any communication with your employer regarding your military leave or reemployment.
Resources for Wounded Warriors
Transitioning back to work after a personal injury can be a difficult process. Fortunately, there are resources available to support wounded warriors and their families. Different organizations provide consultations, benefits information, and access to various programs and services.
Consultations and Benefits
Various organizations offer consultations to help wounded warriors understand their benefits and access available resources. Whether you need guidance on medical benefits, education opportunities, or vocational rehabilitation, there are experts who can provide the information you need to make informed decisions about your future.
Transitioning Back to Work
Returning to civilian employment after a personal injury isn’t always straight forward. There are helpful resources and support for job searching, education, and career development available. Whether you need assistance with resume writing, interview skills, or exploring new career paths, there are numerous programs that can help you navigate the transition and find meaningful employment.
Home Modifications and Adaptive Sports Programs
For wounded warriors who require home modifications to accommodate their injuries, again, resources and assistance are available from numerous sources. These home modifications can include wheelchair ramps, bathroom modifications, and other accessibility enhancements. Additionally, adaptive sports programs, which provide opportunities for wounded warriors to engage in physical activities tailored to their abilities and interests, are also an option.
Support for Caregivers and Families
Military caregivers and families play a vital role in supporting wounded warriors. Organizations and programs exist to offer resources, support, and counseling to help caregivers and families deal with disabilities and debilitating injuries. Whether you need assistance with emotional support, financial planning, or navigating the healthcare system, guidance and resources are available.
Contact a Reputable Orange County Military Injury Lawyer Now
If you have suffered a personal injury during your service in the armed forces and are concerned about protecting your military career, don’t hesitate to contact the Law Office of William Bruzzo. Our focused, compassionate, hardworking legal team knows military law and will fight tirelessly to preserve your rights. To set up a free consultation, contact us today.
