If you have been injured on the job in California, you have specific rights and protections under the state’s workers’ compensation system.
Right to Workers’ Compensation Benefits
Almost all employers in California are required to carry workers’ compensation insurance. If you suffer an injury or illness as a result of your job, you are entitled to the following workers’ comp benefits, regardless of who was at fault:
Medical Treatment: Reasonable medical care related to your injury or illness, including doctor visits, surgery, medication, physical therapy, and hospital stays, without any out-of-pocket costs.
Temporary Disability Benefits: If your injury prevents you from working while you recover, you may be entitled to temporary disability (TD) benefits. These benefits typically replace two-thirds of your lost wages, up to a certain maximum amount.
Permanent Disability Benefits: If your injury results in a permanent impairment that affects your ability to work, you may qualify for permanent disability (PD) benefits, which compensate for lasting physical or mental impairments.
Vocational Rehabilitation: If you cannot return to your previous job because of your injury, you may be entitled to job retraining or skill development services to help you transition into a new line of work.
Right to Report Your Injury Without Retaliation
One of the most important rights you have after a workplace injury is protection from retaliation. California law prohibits employers from retaliating against employees who file a workers’ compensation claim. For example, being fired, demoted, or harassed because of your injury or for seeking benefits. If your employer retaliates against you, you have the right to file a separate legal claim against them.
Right to File a Workers’ Compensation Claim
If you are injured at work, you have the right to file a workers’ compensation claim. Here’s how to go about it:
Report the Injury
You must report your injury to your employer as soon as possible, ideally within 30 days of the incident. Failing to report your injury in time could jeopardize your ability to receive benefits.
Seek Medical Attention
If your injury is severe, seek medical attention immediately. In non-emergency situations, your employer may direct you to a pre-approved doctor.
File a Claim Form
Your employer should provide you with a DWC-1 claim form, which you must complete and return to begin the claims process. Once you turn it in, your employer must submit it to their insurance company, which is responsible for investigating the claim and paying your benefits.
Right to Appeal a Denied Claim
If your workers’ compensation claim is denied, you have the right to challenge the decision. You can file an appeal with the Workers’ Compensation Appeals Board (WCAB) in California. However, the appeals process can be complex, so it is advisable to seek legal representation from an experienced Fresno work injury lawyer if you face this situation.
Right to Return to Work
If your doctor clears you to return to work, you have the right to return to your job in the same or a modified capacity. If your injury limits your ability to perform certain tasks, your employer must offer you alternative work, if available, that meets the doctor’s restrictions. If your employer does not accommodate your work restrictions or refuses to allow you to return to work, you may have grounds for further legal action.
Right to Legal Representation
You have the right to seek legal representation from a skilled Fresno personal injury lawyer at any point during the workers’ compensation process. A trusted attorney can help guide you through filing a claim, negotiating with insurance companies, and appealing denied claims. Legal representation is especially important if your employer or their insurance company disputes your injury, the extent of your disability, or your right to benefits.
