Hearing a diagnosis of breast cancer is devastating to any woman. Some women unfortunately learn that the cause of their cancer is related to their jobs. To compound the problem, there have been instances where these women have had difficulties receiving their rightful workers' compensation benefits. A bill was recently approved in the California State Assembly that ensures women with work-related breast cancer receive their appropriate benefits.
A state assemblywoman introduced a bill that stops the use of child-bearing age as a determining factor for workers' compensation benefits when a woman's job caused breast cancer. The bill will now go before the state Senate, after being unanimously approved in the State Assembly. The assemblywoman contended that the previous situation displayed gender discrimination and needed to be rectified.
The bill will ensure that the state is using the American Medical Association's guidelines as specified when making permanent disability decisions in breast cancer cases. Removing the factor of child-bearing age as a determination in disability discussions is beneficial to older breast cancer patients. The new guidelines will provide everyone, regardless of age or gender, the same thorough evaluation in compensation decisions.
When someone has become ill due to job-related factors, he or she has the right to receive workers' compensation benefits or seek disability payments. In most instances, workers contact a California workers' compensation lawyer for help in filing the application and seeing the process through to its completion. A knowledgeable attorney will work diligently with employees to make sure they receive all of the benefits to which they are entitled.
Source: kusi.com, "Assemblywoman Lorena Gonzalez Fletcher new bill will help breast-cancer survivors get fair workers' comp", Jan. 29, 2018