Trial Magazine

The pandemic rekindled long-overdue respect for American workers, particularly first responders and those swiftly identified as “essential workers,” who form the backbone of our society. While worker praise has soared to new heights, it’s disheartening to see much of it amounting to empty platitudes. Workers continue to experience unfair treatment in their workplaces—from discrimination to inadequate safety.

This month’s issue of Trial focuses on critical issues that workers face and highlights the vital importance of prioritizing workers’ rights. Read about new protections for pregnant workers (p. 20); how to handle forced arbitration in employment disputes (p. 28); a new frontier in the misclassification of employees as independent contractors (p. 36); and servicemembers’ rights when taking military leave (p. 44).

Another area of critical concern for injured workers is the adequacy of workers’ compensation benefits. Many employers fail to adequately assess the risks their employees face, leaving their workers vulnerable to injuries. Benefits may not fully cover medical costs and lost wages, leaving injured workers financially vulnerable.

Workers are often compelled to return to work sooner than medically recommended, making them prone to further injury. Injured workers deserve timely access to the benefits needed to support their recovery and financial well-being. However, delays in resolving claims have been an ongoing issue, with injured workers often forced into protracted legal battles to obtain the benefits they rightfully deserve, eroding their faith in a system designed to protect them.

The selection and control of medical providers within workers’ compensation systems also remains a contentious issue. Some states limit injured workers’ choices while others provide more flexibility and enable injured workers to make choices that align with their best interests. Striking the right balance between quality care and the right to choose health care providers is essential for safeguarding workers’ rights.

And when a claim is made, actions by employers and insurance companies may become the ultimate insult to an injured worker. Some employers distance themselves, disregarding loyalty and hard work, while insurance companies often pressure injured workers to settle for less than they deserve.

If you are representing injured workers, I encourage you to join AAJ’s Workers’ Compensation and Workplace Injury Section. If you have an employment law practice, AAJ’s Employment Rights Section concentrates on all aspects of employment and labor law. Visit www.justice.org/sections to learn more and join.

Businesses must prioritize worker safety and adapt to the demands of an ever-changing environment.

Businesses must prioritize worker safety and adapt to the demands of an ever-changing environment. And as a society, we must also demand that businesses intentionally evaluate risk, whether that be for hazardous materials, defective equipment, or even potential gun violence.

How that looks—and our role as trial lawyers in making workplaces safe—is still developing. But one thing is certain. Trial lawyers have always advocated for fair treatment of and equitable support for workers. Without accountability, no one is safe, and workers deserve nothing less than the full support and protection of their rights.

Sean C. Domnick is a founder and shareholder of Domnick Cunningham & Yaffa in Palm Beach Gardens, Fla., and can be reached at sean.domnick@justice.org.