What Is Workers' Compensation?
California's no-fault Workers' Compensation law was passed by the State legislature in the 1930's to guarantee prompt, automatic benefits to workers injured on the job.

Before Workers' Compensation, an injured worker had to sue his employer to recover medical costs and lost wages. Lawsuits took months and sometimes years. Juries and judges had to decide who was at fault and how much, if anything, would be paid. In most cases, the injured worker got nothing. It was a costly, time-consuming and unfair system.

Today, if you're unable to work because of a job injury, ITS FX INC. and our Workers' Compensation Insurance carrier work together to take care of your medical expenses and pay you money to live on until you're able to come back to work-automatically, without delay or red tape.

Who Is Covered?
Every ITS FX INC. employee is protected by Workers' Compensation.

What Is Covered?
Any injury is covered if it's caused by your job-not just serious accidents, but even first-aid type injuries. Illnesses may also be covered, if they're related to your job. For example, common colds and flu are not covered, but if you caught tuberculosis while working at a TB hospital, that's covered. The main question is if the injury or illness is the result of the performance of your job.

When Am I Covered?
Coverage begins the first minute you're on the job and continues anytime you're working for ITS FX INC.. You don't have to work a certain length of time, and there's no need to earn any minimum amount of wages before you're protected.

What Are the Benefits?
California law guarantees you three kinds of workers' compensation benefits:

• Medical care to take care of the injury, including not only doctor bills, but also medicines, hospital costs, fees for lab tests, x-rays, crutches and so forth -- There's no deductible and all costs are paid directly by our workers' Compensation Insurance carrier. If you do receive a bill, be sure to submit it to ITS FX INC. for payment through our insurance carrier.
• Rehabilitation services necessary to return to work -- Sometimes this is just an extension of medical treatment (for example, physical therapy to strengthen muscles). However, if the injury keeps you from returning to your usual job, you may qualify for vocational rehabilitation and retraining, too. Again, all costs are paid directly by ITS FX INC. through our Workers' Compensation Insurance carrier.
• Cash payments for lost wages -- The most common kind of payments, for "temporary disability," will be made for as long as the doctor says you're unable to work. Additional cash payments may be made after you're able to work if there's a permanent handicap-for example, the amputation of a finger or loss of sight. If the injury results in death, payments will be paid to surviving dependents.

 

How Do I Get the Benefits?
All injuries, no matter how slight, must be reported immediately to your manager to assure consideration under Workers' Compensation Insurance, should complications develop later. Your manager will see that you receive medical attention.

There are no reports for you to fill out; no forms to sign. Just tell your manager what, where, when, and how it happened -- enough information so that he or she can arrange medical treatment and complete the necessary reports. In an emergency, you may go directly to one of the medical facilities nearby. Later, you may be required to furnish your manager with written statements regarding the on-the-job accident so that we may accurately document the incident, and so you may receive all the benefits to which you are entitled. (Failure to do this could result in loss of benefits.)

Prompt reporting is the key. Benefits are automatic, but nothing can happen until your employer knows about the injury. Insure your right to benefits by reporting every injury, no matter how slight. Even a cut finger can be disabling if an infection develops.

How Much Are the Cash Payments?
Payments consist of two-thirds of your average weekly wage, up to a maximum amount set by the State Legislature. The amount of the payments, and when and how they'll be paid, are regulated by State law. Only the State Legislature can change the law.

Workers' Compensation payments are tax free. There are no deductions for state or federal taxes or Social Security.

What If There's a Problem?
Fortunately, most claims - better than 9 out of 10 - are handled routinely. After all, Workers' Compensation benefits are automatic and the amounts are set by the Legislature. But mistakes and misunderstandings do happen. If you think you haven't received all benefits due you, please contact your manager.

If you're not satisfied with your manager's explanation, get advice from the nearest office of the State Division of Industrial Accidents. If the problem still can't be resolved, it may be necessary to file an "Application for Adjudication" with the Workers' Compensation Appeals Board. That's the State agency which reviews cases where an injured worker believes he or she hasn't received what's coming to him or her.

The Appeals Board is a court of law. You can represent yourself, of course, but you may want to hire an attorney. If you do, the fee - about [x] (i.e. $630) on the average - will be deducted from any benefits awarded you by the Appeals Board. If it's necessary to go to the Appeals Board to resolve your case, be sure to do so within one year from the date of the injury, or one year from the date of your last medical treatment. Waiting longer could mean losing your right to benefits.

Other Benefits
If the injury is very serious - one where you won't be able to work for a year or more - you may be eligible for additional benefits from Social Security. For information contact the nearest office of the Social Security Administration, or discuss your situation with the claims representative of ITS FX INC.' Workers' Compensation Insurance carrier.

Employees returning to work after being absent due to an injury must report to their manager prior to beginning work, and must bring a doctor's clearance for returning to duty.

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Unemployment Compensation
ITS FX INC. pays a percentage of its payroll to the Unemployment Compensation Fund according to ITS FX INC.' employment history. If you become unemployed, you may be eligible for unemployment compensation, under certain conditions, for a limited period of time. Unemployment compensation provides temporary income for workers who have lost their jobs. To be eligible you must have earned a certain amount and be willing and able to work. You should apply for benefits through your local State Unemployment Office as soon as possible.

ITS FX INC. pays the entire cost of this insurance.

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Social Security
The United States Government operates a system of contributory insurance known as Social Security. As a wage earner, you are required by law to contribute a set amount of your weekly wages to the trust fund from which benefits are paid. As your employer, ITS FX INC. is required to deduct this amount from each paycheck you receive. In addition, ITS FX INC. matches your contribution dollar for dollar, thereby paying one-half of the cost of your Social Security benefits.

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The Americans with Disabilities Act of 1990

What is the purpose of the Americans with Disabilities Act (ADA)?
The ADA, signed into law July 26, 1990, bans discrimination based on disability. It gives individuals with disabilities civil rights protections like those provided to individuals on the basis of race, sex, national origin and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services and telecommunication relay services.

Why is the ADA needed?
The Civil Rights Act of 1964 does not cover people with disabilities. Until passage of the ADA, federal protections against discrimination based on a person's disability were scattered and very limited. Congress concluded that discrimination existed against people with disabilities, and they were sometimes denied equal, effective and meaningful opportunities to participate in society.

How is disability defined by the ADA?
The ADA defines disability to mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual, having a record of such an impairment, or being regarded as having such an impairment. This is the same definition included in section 504 of the Rehabilitation Act of 1973, the Fair Housing Act Amendments and the Air Carrier Access Act.

What does the ADA cover?


Highlights of the requirements for each section of the law are as follows:
Employment
• Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the job.
• Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities.
• Employers will need to provide "reasonable accommodation" to individuals with disabilities if needed. This includes steps such as job restructuring and modification of equipment.
• Employers do not need to provide accommodations that impose an "undue hardship" on business operations.
Transportation

• New public transit buses and rail cars ordered after Aug. 26, 1990, must be accessible to individuals with disabilities.
• Transit authorities must provide comparable paratransit or other special transportation services to individuals with disabilities who cannot use fixed route bus services, unless an undue burden would result.
• Existing rail systems must have one accessible car per train by July 26, 1995.
• New bus and train stations must be accessible.
• Key stations in rapid, light and commuter rail systems must be made accessible by July 26, 1993, with extensions up to 20 years for commuter rail (30 years for rapid and light rail).
• All existing Amtrak stations must be accessible by July 26, 2010. State and Local Government Services
• State and local governments may not discriminate against qualified individuals with disabilities.
• All government facilities, services, and communications must be accessible consistent with the requirements of section 504 of the Rehabilitation Act of 1973.
Public Accommodations
• Private entities such as restaurants, hotels and retail stores may not discriminate against individuals with disabilities, effective Jan. 26, 1992.
• Reasonable modifications must be made to policies, practices or procedures to avoid discriminating unless a fundamental alteration to the nature of the goods or services would result.
• Auxiliary aids and services must be provided to ensure effective communication with individuals with disabilities that substantially limit the ability to communicate--such as vision, hearing or speech impairments--unless an undue burden or a fundamental alteration would result.
• Physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing the services must be offered, if they are readily achievable.
• All new construction and alterations of facilities must be accessible.
Telecommunications
• Companies offering telephone service to the general public must offer telephone relay services to allow communications access for people with speech and hearing impairments who cannot use telephones.

How extensive are the changes required?
The law does not impose unlimited requirements on employers, state and local government or public accommodations. The ADA adopts a reasonable compromise to give people with disabilities access to everyday life without placing an undue burden on American enterprises. For example, there are minimal requirements for retrofitting existing facilities. Physical barriers need only be removed when the task can be accomplished without much difficulty or expense.

When did the law take effect?
Employment

• July 26, 1992, for employers with 25 or more employees.
• July 26, 1994, for employers with 15-24 employees.
Transportation
• Aug. 26, 1990, for purchase or lease of new buses or rail and for privately operated bus and van companies.
• Various dates for other actions related to transportation accessibility.
State and Local Government Services
• Jan. 26, 1992.
Public Accommodations
• Jan. 26, 1992, generally.
• Jan. 26, 1993, for new construction.
Telecommunications
• July 26, 1993, for provision of relay services.

If discrimination exists, what can a person do?
An individual who needs to file a complaint can do so with the following agencies depending on the activity which was discriminatory.

Employment


Complaints may be filed with the Equal Employment Opportunity Commission. Available remedies include back pay and court orders to stop discrimination.

Individuals may bring private lawsuits to obtain court orders to stop discrimination, but money damages cannot be awarded. Individuals can also file complaints with the Attorney General who may file lawsuits to stop discrimination and obtain money damages and penalties.

Transportation


For public bus and rail systems, individuals may file complaints with the Department of Transportation or bring private lawsuits. For privately operated bus and van companies, individuals may file complaints with the Attorney General or bring private lawsuits under the public accommodations procedures.

State and Local Government Services


Individuals may file complaints with the U. S. Department of Justice or other designated federal agencies, or bring private lawsuits.

Public Accommodations

Individuals may file complaints with the U. S. Department of Justice or bring private lawsuits.

Telecommunications


Individuals may file complaints with the Federal Communications Commission. What specifically does the ADA require for people with mental retardation? People with mental retardation are among the covered classes of individuals with disabilities under ADA. There are, however, no specific provisions aimed solely at individuals with mental retardation. Yet, each of the ADA's provisions is available to them. Access to jobs, transportation and public places such as movie theaters, restaurants and stores are each important to achieve full participation in our society. Children and adults with mental retardation cannot be denied access to private day care on the basis of their disability. No longer can anyone deny participation in any of these life activities to a qualified individual with mental retardation.

 

Where can I go to get more information about the law?
You can obtain ADA information and technical assistance by contacting the agencies below.

 

U. S. Department of Justice
Public Access Section
Civil Rights Division
P. O. Box 66738
Washington, D.C. 20035-6738
(202) 514-0301 Voice, (202) 514-0383 TDD
(202) 514-6193 Electronic Bulletin Board


 

Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507
1-800-4400 to file a charge
1-800-669-EEOC Publications & Referrals
1-800-800-3302 TDD


U.S. Department of Transportation
400 7th Street, S.W., Room 10424
Washington, D.C. 20590
(202) 366-9305 Voice
(202) 755-7687 TDD


Access Board
1331 F St., NW, Suite 1000
Washington, D.C. 20004-1111
(202) 872-2253 Voice and TDD
1-800-993-2822 TDD

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Family Medical Leave Act
The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

FMLA became effective on August 5, 1993, for most employers. If a collective bargaining agreement (CBA) was in effect on that date, FMLA became effective on the expiration date of the CBA or February 5, 1994, whichever was earlier. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period prior to or after the commencement of leave as the 12-month period.

The law contains provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and, protection for employees who request or take FMLA leave. The law also requires employers to keep certain records.