What You Need to Know about Work-Related Injuries in California
California law requires that an employer pays for their employee’s worker’s compensation benefits when an employee sustains an injury at work. Here is what you need to know about the steps to take after being injured at work.
An individual who is injured at work is required to receive worker’s compensation whether or not the injury was their employer’s fault. The injured employee is responsible for notifying their employer, filing a claim, and following their doctor’s orders.
What is Workers Compensation?
Workers’ compensation is benefits that an individual is entitled to if they are injured at work. This injury could be a result of one event (such as falling) or continued exposure to an environment that results in an injury (such as hearing loss due to constant exposure to loud noise). The benefits can include:
1. Medical Care
A person’s employer must legally pay for medical care. If the injured worker is asked to pay, their worker’s compensation is not being respected. Medical care includes any costs that go into an individual treating their injury such as:
- Doctor’s visits
- Treatments
- Tests
- Medicines
- Equipment
- Travel costs
2. Temporary Disability Benefits
An individual who cannot attend work because of their injury may receive disability benefits to compensate for their inability to earn their wage.
3. Permanent Disability Benefits
If an individual cannot recover from the injuries they sustained, they may receive permanent disability benefits. A doctor must determine that the individual is unable to perform the tasks required at work. The doctor will need to provide that there was a loss of physical or mental function as a result of the injury.
4. Supplemental Job Displacement Benefit
An individual may receive this benefit to help retrain them in a certain skill or enhance their skills. An individual is eligible if:
- They receive permanent disability benefits
- Their employer doesn’t offer them a job after their injury
- An employee does not return to work for the employer
Related: At-Will Employment in California
5. Death Benefits
If an individual dies from an injury or illness, an employer must make payments to the individual’s spouse, children, or dependent
What to Do When Injured at Work
1. Report the Injury
- An injury that occurred in one incident should be reported as soon as it happens
- An injury that occurred gradually should be reported as soon as the individual notices or learns about their injury
- An individual has up to 30 days to report their injury to their employer. Failure to report within 30 days can result in an individual losing their right to worker’s compensation.
2. File a Claim
An employer is mandated to provide a Worker’s Compensation Claim Form within one working day of the individual reporting their injury or illness. This form allows an individual to request worker’s compensation benefits. Fill out the form with as much detail as possible. Anything that led to the injury and the description of the pain an individual is feeling is vital information. The individual must return the form to their employer. The sooner an individual returns the form, the greater the likelihood of a fast, efficient process.
3. Wait for a Claim Administrator’s response
Once an individual has submitted the form to their employer, the employer must also fill out their portion of the form and submit it to a claim’s administrator. An employer must provide the individual a copy of the fully completed form within a working day of filing. The claim administrator has a reasonable amount of time to decide whether to accept or deny the claim. If a claim is denied, an individual can challenge the decision
4. Receive Medical Care
While an individual can wait to see a doctor until they are certain that their claim has been approved, it is highly recommended that they see a doctor as soon as possible.
The doctor is responsible for:
- Prescribing the necessary care and treatment for the illness or injury sustained
- Determining when an individual can resume working
- Determining the work an individual can do while recovering and set restrictions for what they cannot do
- Referring an individual to a specialist (if one is required)
- Writing medical reports that help determine what an individual’s benefits will be
FAQS
Can I get fired because of my work-related injury?
It is against the law for an employer to fire you for a job injury or for filing a workers compensation claim.
If my claim was denied what else can I do to get time off?
The California Family Rights Act allows for you to take up to 12 weeks off if you work for an employer that employs 5 or more people. You can also choose to contact a legal representative to help you contest the claim or advise you on how best to proceed.
Can I sue an employer if the injury was their fault and could have been prevented?
Under certain circumstances, you can file a civil suit against an employer for a job injury. Contact a lawyer to discuss your claims, to determine whether you have grounds, and to advise you on how to proceed.
Contact Us
If you or a loved one has been injured at work in California, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today! We don’t get paid unless you win your case.