Your employer shouldn’t deny, reduce or stop workers compensation benefits because you are pregnant.
A positive pregnancy test can send a woman down a whirlwind of emotions. You feel equally excited and terrified. A human being is growing inside you and it almost seems surreal. You realize that your life is about to change and that you need to start accommodating your new condition.
What if you become pregnant while you are receiving workers compensation benefits? Or if you get injured while performing your job. Can pregnancy affect your case?
Here’s what you need to know.
Your Rights as a Pregnant Employee
While companies aren’t required by the law to keep employees in positions they can’t perform, the Pregnancy Discrimination Act (PDA) and Americans with Disability Act (ADA) protect women from pregnancy-related discrimination or harassment. As such, your employer cannot fire you if you are pregnant, have been pregnant, plan on having a child or develop a pregnancy-related condition, such as preeclampsia.
Your employer generally has to accommodate your condition and provide modified equipment, work hours, and so on. Moreover, according to the Family and Medical Leave Act, you are entitled to 12 weeks of unpaid leave.
Will Being Pregnant Affect My Workers Compensation Claim?
Pregnant women are a vulnerable group and an easy target. A lot of employers see pregnancy as an inconvenience and a business loss. Fortunately, federal laws ensure that pregnant women are protected from discrimination and harassment.
As such, your worker’s compensation claim generally can’t be denied or reduced because you are pregnant. Whether you get injured on the job or develop a pregnancy-related condition that forces you to take time away from work, you are entitled to the same benefits as your colleagues. Just to be on the safe side, it is an excellent idea to get a St. Louis workers compensation lawyer on your side and ask for their help.
If you need accommodation, you should notify your managers as quickly as possible. You may need proof from your doctor, so be ready to provide any needed medical file.
What If I Get Pregnant While Receiving Benefits?
Finding out that you are pregnant while recovering from a work injury should not affect your worker’s compensation benefits. Your doctor will inform your employer and insurance company about your medical evolution. If the pregnancy impacts your recovery and you need more time away from work, your doctor will notify your employer.
Always Speak with an Experienced Attorney
Your employer shouldn’t deny, reduce or stop workers compensation benefits because you are pregnant. If they do so, they may be breaking the law and you may have a solid case against them.
A skilled St. Louis work injury attorney can educate you on your rights, analyze your case, and make sure that you receive proper compensation. Give us a call today at (314) 361-4300 to schedule a FREE case evaluation.
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