How Gender May Affect Workers’ Comp Benefits Claims

What if you were hurt on the job and paid 20 percent less in Workers’ Comp benefits because you’re a woman? This is exactly what’s been happening in California and other states where a series of class action lawsuits are alleging gender bias in Workers’ Compensation payouts. According to a report highlighted in New York Magazine, women are often advised they’re more vulnerable to injury as a result of simply being female, and therefore they’re ineligible for full coverage. If you’re a woman and this happens to you, you should call a competent Workers’ Compensation lawyer who has experience protecting your rights.


Imagine being a woman who has been hurt on the job. You have the same set of worries as others, including how you’ll pay for your medical needs, how long it will take to recover, and who’s going to pay the bills while you’re out of work. Generations of women just like you have worked hard to achieve equality in the workplace, and to be advised that you don’t qualify for the same Workers’ Comp rights as men is just wrong. This is a good time to talk with a Workers’ Compensation attorney who can make sure you are represented fairly and get all the benefits you deserve.


An article in Inc. points out the major flaws in the Workers’ Comp system that leads to gender bias. The California lawsuit (Page et. al. v. Parissotto et. al.) claims that the current way Workers’ Compensation claims are handled “unlawfully discriminates on the basis of sex in the calculation of permanent disability benefits.” The suit alleges that this happens because of “predisposing conditions” such as the presence of certain reproductive organs and that the value that Workers’ Compensation places on a woman’s body is less than the value it places on a man’s. In the lawsuit, the complainant suffered carpal tunnel syndrome, but because women are medically predisposed to this condition due to the size of their hands, her gender was a determining factor in how much compensation was received.


Just because you’re a woman doesn’t mean you should accept being told your injury doesn’t allow you the same amount of benefits and time to recover. Perhaps you’ve been hurt on the job and your employer has sent you to a Workers’ Comp doctor who is treating you like you need to return to work sooner than you’re ready to. Maybe you’ve received a call from a Workers’ Comp insurance representative trying to get you to admit fault for your injury because you’re a woman. Worse yet, you may have gotten a Workers’ Comp check that is far less than what you’re entitled to because you are female.

You don’t have to go along with this kind of treatment. If you’re hurt on the job, benefits should be granted equally. It’s important you take the time to reach out to the Workers’ Comp attorneys at Levine Benjamin, who can represent your interests and fight for your injured worker benefits. Time is limited, but you may be able to be part of changing the way that women are treated by the current system by taking prompt, legal action to protect your rights. If you were hurt on the job, contact us today to discuss your case.



Category: Workers' Comp