Pregnant workers have unique risks of getting hurt at work and legal protections that many employees and employers don’t fully understand. California law protects pregnant workers from discrimination and requires reasonable workplace accommodations. Workers’ compensation for pregnant workers covers injuries that happen at work that affect both the mother and her unborn child.
Knowing your rights as a pregnant worker makes sure that pregnant workers get the right medical care, disability benefits, and job protections when they get hurt at work or because of bad conditions. Pregnant workers shouldn’t have to choose between keeping their job and staying healthy, but a lot of the time, employees who are confused about their legal rights don’t get the protections they need.
For the past ten years, ODG Law Group has fought for the rights of pregnant workers in Los Angeles County. We make sure that expectant employees get the experienced workers’ compensation benefits they deserve and that they are not discriminated against or retaliated against for standing up for their rights to a safe workplace.
Coverage for workers’ compensation while pregnant
California workers’ compensation law covers injuries that happen at work to pregnant employees without any special rules or exceptions based on their pregnancy status.
Pregnancy Doesn’t Stop Coverage
All work-related injuries are covered by workers’ compensation, even for pregnant workers. Being pregnant does not change, limit, or take away a worker’s right to medical care and disability benefits.
Some workers don’t file valid claims because they don’t understand pregnancy exclusions. Employers can’t deny workers’ compensation benefits just because the employee was pregnant when the injury happened.
Types of Injuries That Are Covered
No matter if you are pregnant or not, you are fully covered for physical injuries from workplace accidents like slips and falls, lifting injuries, repetitive stress conditions, and exposure to dangerous substances.
Pregnancy problems that are caused or made worse by work conditions may be considered work-related injuries. If things at work cause miscarriages, early labor, or health problems related to pregnancy, workers’ compensation may cover them.
Injuries That Hurt the Fetus
If a mother is hurt at work or in an accident, her workers’ compensation claims may cover harm to her unborn child. Chemical exposures, physical trauma, or other workplace hazards that hurt developing fetuses are grounds for compensation.
When work conditions caused harm, birth defects or fetal injuries from occupational exposures are covered. To prove causation, you need medical evidence that links workplace exposures to injuries to the fetus.
Common dangers at work for pregnant workers
Certain workplace conditions and activities that are normal for people who aren’t pregnant can be more dangerous for pregnant workers.
Physical Demands and Risks to Ergonomics
Heavy lifting can cause injuries to the muscles and bones, hernias, and problems during pregnancy. Requirements for lifting that are safe for workers who aren’t pregnant could put pregnant workers and their unborn babies at risk.
Standing for a long time raises the chances of getting varicose veins, back pain, early labor, and other problems. During pregnancy, jobs that require long periods of standing can be especially hard.
Pregnancy hormones can make cumulative trauma injuries worse. These injuries happen when you do the same thing over and over or in an uncomfortable position. Pregnancy makes carpal tunnel syndrome and other repetitive stress conditions worse.
Chemicals and the environment that we live in
Cleaning chemicals, solvents, pesticides, and industrial chemicals are all examples of toxic substances that can harm developing fetuses. Pregnant women who work in manufacturing, healthcare, agriculture, and cleaning are at higher risk.
Radiation from medical equipment or industrial sources can harm the development of a fetus. Healthcare workers and others who are exposed to radiation need more protection while they are pregnant.
Extreme temperatures can cause heat stress. Pregnant workers can’t handle heat as well, so they are more likely to get sick from heat at temperatures that are safe for other workers.
Danger of Slipping, Tripping, and Falling
Changes in balance during pregnancy make it more likely that you will fall. Changes in weight distribution and the center of gravity make pregnant workers more likely to slip and trip.
Wet surfaces and floors that aren’t even are more dangerous. Pregnant women who fall can hurt themselves and their unborn babies. This can happen in the form of placental abruption, premature labor, or direct fetal trauma.
Violence and Stress at Work
Pregnant workers and their unborn babies are in danger when there are physical fights in the healthcare, retail, or service industries. Attacks by patients, customers, or coworkers can cause serious injuries.
Extreme stress at work may make pregnancy harder. Workers’ compensation may cover conditions like high blood pressure, preeclampsia, or other stress-related illnesses that are caused by job demands.
Employer’s Duty to Provide Accommodations
Under the Fair Employment and Housing Act and the Pregnancy Disability Leave law, California law says that employers must make reasonable accommodations for conditions related to pregnancy.
Requirements for Reasonable Accommodation
Pregnant workers are safe when their duties are changed to remove dangerous ones. When a woman is pregnant and her health is at risk, her employer must give her different tasks that involve heavy lifting, chemicals, or other dangerous activities.
To meet the needs of pregnant women, schedules can be changed to include more breaks, shorter shifts, or different hours. Employers should let workers take breaks for meals, rest, and bathroom breaks as needed.
Pregnant workers can do their jobs safely with ergonomic changes like supportive seating, adjustable workstations, or assistive equipment. Simple changes often get rid of the risk of injury.
Rights to Transfer
If possible, temporary moves to safer positions must be offered when regular assignments are bad for health. Employers can’t make pregnant workers keep doing dangerous work when there are safer options.
Keeping the same pay during transfers makes sure that accommodations for pregnant women don’t lower wages. Temporary moves to lower-paying jobs should keep the same pay rates.
Work that is easy to do
You must follow the medical restrictions set by your doctors. Employers must follow doctors’ orders when they say that workers can’t lift heavy things, stand for long periods of time, or be around certain things.
You should offer jobs that fit the restrictions. Employers can’t say there are no light duty jobs unless they can show they are trying to make them available.
Filing Workers’ Compensation Claims When You’re Pregnant
Pregnancy problems during the claims process need careful record-keeping and medical coordination to protect both workers’ compensation and pregnancy-related rights.
Telling someone about injuries at work
It’s still very important to let employers know right away about injuries that happen at work. Pregnant workers must tell their employer about accidents, exposure incidents, or developing conditions within 30 days of when they happen or are found.
You don’t have to tell your employer you’re pregnant when you report an injury, but it might be important if the injury affects your pregnancy or if pregnancy-related limitations caused the accident. The timing of disclosure affects accommodation rights.
Coordinating Medical Care
When an obstetrician is involved in treatment plans, they make sure that pregnancy issues are taken into account. Physicians handling workers’ compensation cases should work with OB/GYNs who are in charge of pregnancies.
When asking for permission for treatments, safety for pregnant women must be taken into account. Certain diagnostic procedures or medications deemed unsafe during pregnancy necessitate alternative methods with workers’ compensation approval.
When to Apply for Disability
Temporary disability for work injuries and pregnancy disability leave (PDL) are two different kinds of benefits. When work injuries make it impossible to work beyond pregnancy-related limits, workers may be able to get both.
Benefit coordination with PDL and State Disability Insurance makes sure that you have the right coverage. Knowing which system covers which conditions helps avoid gaps in benefits.
Keeping the mother and fetus safe
In pregnancy-related workers’ compensation cases, medical evidence must address how injuries affect both the pregnant worker and the developing child.
Monitoring the fetus after accidents at work
Checking on the baby right after a fall, hit, or exposure incident makes sure the baby is healthy. Any trauma at work during pregnancy should be followed by emergency obstetric care.
Ongoing monitoring during pregnancy after workplace injuries keeps track of any problems that come up. You may need serial ultrasounds, non-stress tests, and evaluations by specialists, and you may be able to get paid for them.
Insurance for problems that happen during pregnancy
Workers’ compensation covers preterm labor that is caused by injuries at work. Benefits are available for medical care that stops early delivery and treats problems that come up.
If a miscarriage or stillbirth happens because of trauma or exposure at work, the losses can be compensated. After losing a pregnancy, people should be able to get grief counseling and medical care.
Birth Defects Caused by Work-Related Exposures
Workers’ compensation claims are supported by teratogenic exposure to chemicals or radiation that causes birth defects. Expert medical testimony is needed to show that certain defects were caused by exposures at work.
You may be able to get back the costs of long-term care for children who were born with disabilities caused by exposure to work. Substantial compensation is warranted due to lifelong medical requirements stemming from workplace injuries to fetuses.
Protection against pregnancy discrimination and retaliation
Federal and California laws say that you can’t fire or discriminate against a pregnant woman or a worker who is trying to get accommodations or workers’ compensation.
Protections under the Pregnancy Discrimination Act
Equal treatment rules say that pregnant workers must be treated the same as other workers who are in the same situation when it comes to light duty, leave, and changes to their jobs.
Termination prohibitions stop employers from firing workers because they are pregnant or have pregnancy-related health problems. Employers can’t get rid of jobs just to avoid having to make accommodations.
Retaliation for Claims for Workers’ Compensation
Filing claims doesn’t give employers a reason to take negative action against you. California Labor Code Section 132a says that employers can’t fire, demote, or retaliate against pregnant workers who report injuries.
When employers go after pregnant workers who file workers’ compensation claims, they can be sued for combined discrimination. When someone breaks the law more than once, they are more likely to be held liable and cause damage.
Keeping track of discrimination
Written communications keep proof of discrimination or retaliation. Email records of requests for accommodations, injury reports, and employer responses show patterns of illegal behavior.
Witness statements from coworkers who saw discriminatory treatment back up the claims. When employers deny decisions based on pregnancy, independent witnesses can give strong evidence.
How to Protect Your Rights as a Pregnant Worker Who Has Been Hurt
When you’re pregnant and dealing with workers’ compensation, you need to take steps to protect both your short-term injury claims and your long-term job rights.
1. Report injuries right away and keep a record of everything.
Let your bosses know about injuries at work right away in writing. Write down what happened when you got hurt, your pregnancy status if it applies, and any worries you have about how work conditions might affect your health or pregnancy.
2. Get the Right Medical Care
Go to both your obstetrician and a workers’ compensation doctor. Make sure that both of them know about your pregnancy and your work injury. Make sure that the treatment plans take into account both the recovery from the injury and the health of the pregnancy.
3. Write down your request for reasonable accommodations.
Send in formal requests for accommodations that explain your needs or restrictions at work because of your pregnancy. Be clear about the changes you need and offer to send medical proof of your requests.
4. Get medical restrictions from both doctors.
Ask the doctors and obstetricians who are treating you to limit your work. When doctors agree on something, it makes accommodation requirements and workers’ compensation claims stronger.
5. Keep track of all medical care you receive.
Keep neat files of workers’ compensation treatment, prenatal care, and any problems that come up during pregnancy. There is proof that the injury has affected both you and your pregnancy.
6. Tell someone about accommodation failures or retaliation.
Make a note of any refusals by your employer to accommodate you or any bad treatment you get after reporting an injury or asking for accommodations. Written proof of discrimination can help with legal claims.
7. 7. If you need to, file discrimination complaints.
If you are being discriminated against because you are pregnant or retaliated against, call California’s Civil Rights Department (CRD). Filing complaints with the government keeps your right to sue for discrimination.
8. Learn about different benefit systems
Find out how state disability insurance, workers’ compensation, pregnancy disability leave, and paid family leave all work together. Set up benefits in the best way to get the most help.
9. Keep track of all problems that come up during pregnancy.
Write down any problems with your pregnancy, health issues, or fetal monitoring that happen after you get hurt at work. Evidence that connects workplace accidents to problems with pregnancy makes claims stronger.
10. Talk to lawyers who have worked in employment and workers’ compensation law for a long time.
Get legal help from lawyers who work on both workers’ compensation and employment discrimination cases. Pregnancy cases that are complicated need lawyers with special knowledge.
Benefits for Work Injuries Related to Pregnancy
California systems give pregnant workers who get hurt on the job or have pregnancy problems because of their work a lot of different ways to get help.
Medical Benefits for Workers’ Compensation
All necessary medical care for work-related injuries is covered, including emergency care, ongoing treatment, specialist consultations, and any medical care related to pregnancy that is needed because of a workplace injury.
Costs for monitoring and treating fetuses when workplace injuries put pregnancies at risk should be covered. Ultrasounds, non-stress tests, and specialized care after an injury at work are all types of medical care that can be paid for.
Benefits for temporary disability
During recovery from work injuries, wage replacement pays two-thirds of the average weekly wage. Temporary disability lasts as long as injuries keep you from working within medical limits.
Coordination with PDL happens when someone is hurt and pregnant at the same time and can’t work. Knowing which benefit applies to a certain situation makes sure that the right amount is paid.
Payment for Permanent Disability
Permanent disability benefits are needed for pregnant workers who get hurt on the job and have lasting problems. Ratings show how injuries affect a person’s ability to work, no matter when they happen.
Leave for Pregnancy-Related Disabilities
Separate PDL rights give up to four months of leave for disabilities caused by pregnancy. PDL adds to workers’ compensation when pregnancy-related problems that aren’t work-related also keep them from working.
Questions and Answers About Pregnancy and Workers’ Compensation
Q: Will filing a workers’ compensation claim while pregnant hurt my job?
A: No, California law says you can’t be punished for filing a workers’ compensation claim or for being pregnant. If you are pregnant and claim your rights as an injured worker, your employer cannot fire you or take any other negative action against you.
Q: Can my boss refuse to help me with my pregnancy because I’m on workers’ comp?
A: No, employers must make accommodations for pregnant workers no matter what their workers’ compensation status is. You have the right to accommodations for pregnancy, and you can’t be denied these rights because you are making a claim for injury.
Q: What if my job injury made me lose my baby?
A: If trauma or exposure at work caused the miscarriage and related problems, workers’ compensation should cover medical care. You might also be able to get help with grief counseling. Talk to lawyers about your rights to full compensation.
Q: When I report a work injury, do I have to tell my boss I’m pregnant?
A: You don’t have to tell your employer that you’re pregnant when you report an injury, but you might want to if your pregnancy affects your treatment options or if you need special accommodations because of your pregnancy and injury.
Q: Can I get both pregnancy disability benefits and workers’ compensation?
A: Maybe, if you have both work-related injuries and pregnancy-related conditions that keep you from working. Different systems cover different situations. Workers’ compensation pays for injuries that happen on the job, while PDL pays for disabilities that happen during pregnancy.
Q: What if my job became dangerous after I got pregnant?
A: Ask for reasonable accommodations or a temporary move to safer duties. Employers should try to meet the needs of pregnant women as much as possible. If your job puts your pregnancy at risk, you have the right to change your duties or take time off.
Q: Will workers’ compensation pay for my baby’s medical bills if they were born with birth defects because I was exposed to something at work?
A: Maybe, but these cases are hard to figure out. To show that exposures at work caused certain birth defects, you need expert medical evidence. Talk to lawyers who have worked on cases involving occupational exposure and birth injuries.
Helpful Links for Pregnant Workers
To learn more about workers’ rights during pregnancy and workers’ compensation, go to:
California Civil Rights Department: Information on pregnancy discrimination and accommodations
California Division of Workers’ Compensation: Information about benefits and how to file a claim
U.S. Equal Employment Opportunity Commission: Federal protections against pregnancy discrimination
Take care of yourself and your baby.
Pregnancy shouldn’t make you more likely to get hurt at work without any options or make you choose between keeping your job and staying healthy. California law offers full protections for pregnant workers, making sure they get workers’ compensation benefits for injuries at work and protecting them from discrimination and retaliation.
At ODG Law Group, we know that pregnant workers have to deal with a lot of different issues when they file for workers’ compensation, ask for accommodations, or deal with possible discrimination. Since 2011, we’ve made sure that pregnant workers in Los Angeles County get the medical care, disability benefits, and job protections they need. We can fully represent pregnant workers who are dealing with complicated legal issues because we know both workers’ compensation and employment law.
Call ODG Law Group at (818) 975-3080 for a free consultation if you’re pregnant and have been hurt at work, need accommodations at work, or are being discriminated against for standing up for your rights. Our skilled staff can help you in English, Spanish, and Armenian. While you focus on your health and pregnancy, we’ll make sure that your workers’ compensation rights and job protections are safe.
