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I Was Injured At Work – What Are My Rights

person injured at work with a fork lift

To many, going to work is considered their livelihood. Especially after the Covid-19 pandemic, many people were living paycheck-to-paycheck and scrambling looking for a job. It is very stressful to be looking for a new job, and even more stressful if you were ever injured at work. There could be so many questions running through your mind if you’re ever injured at work, such as: Who is going to pay for my medical bills? Will I be able to return back to work? What about the loss of income?

California is a very employee-friendly state. Meaning that employees are granted several different types of rights if they have ever been injured at work. However, it is very important that the employee fit the requirements that California labor codes have laid out. To determine what rights you may have from your work-related injury, contact our workplace accident attorneys today to see how we can help you recover compensation for your injuries.

Do I get paid if I’m injured at work?

This is one of the most common questions that we receive from employees who have sustained injuries. If you have been injured from work, you most likely will be able to receive some form of compensation. This can take form in many different ways, including filing a lawsuit, filing a claim with your insurance company, or filing a workers compensation claim.

What are my rights if I was injured at work?

In California, the different rights you may have if you have been injured at work include:

  1. The right to file a workers compensation claim: if you have been injured at work, you may be able to recover compensation from your employer. In order to recover workers compensation benefits, you must show that you were injured while on the job. Workers’ compensation benefits provide you with monetary compensation while you take time off work to focus on your injuries. One of the most common workers compensation claims that have been filed are for workers in the construction environment. Construction workers are very likely to be injured on the job, especially because of the high ceilings and very heavy machinery that they have to deal with. Other instances of workers compensation claims include hurting your back while at work, or suffering joint problems after repetitively typing at work. In order to file a workers compensation claim, you must let your manager know of your injuries. Your manager will then file an accident claim within the company, which will start your worker’s compensation claim process. If your employers fail to document your injuries, you could potentially risk getting any type of compensation or benefit. Workers’ compensation benefits cover the loss of income, along with medical treatments you have sustained from work. For example, it could include physical rehab and medication you may need.
  2. The right to seek medical treatment: if you have been hurt while at work, you have the right to go to a medical provider and to get an evaluation for your injuries. In fact, this is a right that we encourage everyone to take advantage of. If you do not have any medical records, you most likely will be unable to collect workers compensation benefits, or any type of benefits at all. A medical evaluation will be able to list your injuries sustained, along with the amount of time that you could potentially be out of work.
  3. The right to return back to work: if you have sustained injuries at work, and have recovered from these injuries, you have the right to return back to work. Your employer cannot retaliate against you and fire you for taking time off work to heal from your injuries. If you are fired, let go, or have had your hours decreased because of your injuries sustained, you may have a claim against your employer for retaliatory action. For more information on workplace discrimination, contact our discrimination attorneys today.
  4. The right to receive disability compensation: there are two types of disability, permanent and temporary. Permanent disability occurs when the employee sustains very severe injuries, like traumatic brain injuries. However, if you sustained minor injuries such as broken bones and bruises, you may be able to recover temporary disability benefits as you take time off work to heal from your injuries.
  5. The right to not be harassed by your employer: employers are oftentimes encouraging employees to not file a workers compensation claim. Employers do not want to pay any benefits to their employees, especially if their employee is not working for them while they are out at home. You have a right to not be harassed by your employer for filing a workers compensation claim. If you have been treated differently after filing a workers compensation claim, you have the right to file a retaliatory claim against your employer. Contact us today to see how you may be able to file a workplace discrimination claim.

How can I receive worker’s compensation benefits?

If you have been hurt as an employee, you have the right to get workers compensation benefits, despite the fact that it may potentially be your fault. Workers’ compensation benefits do not care for who the liable party may be. However, there are some factors to note:

  • The injured employee must visit the doctor requested by the employer. The injured employee will most likely not be able to visit their own doctor.
  • If you disagree with the outcome of your worker’s compensation settlement, you can appeal their decision. If the employee does not agree with the outcome of the workers compensation benefits, they could appeal the decision.

Can I sue my employer for my workplace injuries?

Usually, employees are barred from filing a lawsuit against their employer if they have received workers compensation benefits. However, if there has been any type of malicious behavior by the employer, such as any discriminatory or retaliatory actions made by them, you may be able to file a lawsuit against your employer. To determine if you have the right to file a lawsuit against your employer, contact our attorneys today.

Should I hire a workers compensation attorney?

Each circumstance differs depending on the injuries that have occurred. However, we recommend that anybody who has been injured in an accident, to contact our attorneys today to see how they can get compensation for their injuries. Our attorneys will be able to help you understand what type of compensation you could receive, and what route to take.

What type of accident is covered under workers compensation benefits?

Workers’ compensation benefits are paid out to the employee for virtually almost any type of injury. The only injury that benefits do not cover are those that have occurred from drugs or alcohol. If the employee has been injured while high or drunk, they most likely will not be able to receive any workers compensation benefits.

Call Us Today For A Free Consultation

Our California workplace accident attorneys have been representing victims who have been injured at work for several decades. We know just how difficult and stressful it may be to be injured at work, and to take time off work to heal. We are available 24/7 to answer any questions or concerns you may have regarding your workplace rights. We have offices located in several different cities in California, and are even available via email and phone any time to answer any questions. Contact our experienced legal team today.

***Disclaimer: The content of this webpage, created by Heidari Law Group, is intended solely for educational purposes. While it endeavors to provide a general understanding of the law, it should not be construed as specific legal advice. Accessing and reading this site does not establish an attorney-client relationship with any member of Heidari Law. Furthermore, please be aware that the legal landscape is constantly evolving, potentially rendering some information outdated or inapplicable.

Sam Heidari

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