Workplace injuries can really turn your life upside down.
One minute you’re working, and the next minute you’re covered in blood, bandages, medical bills, lost wages and reams of paperwork. The bright side is that California personal injury law has your back.
But here’s the thing…
Most injured workers are completely in the dark. They miss important deadlines, make key errors, and leave serious money on the table. You don’t have to be one of them.
What you’re about to discover:
- California Workplace Injury Laws You Should Know
- The 4 Key Steps to Take to File Your Claim
- Compensation You May Be Eligible To Recover
- When to Get Legal Help for Your Case
California Workplace Injury Laws You Should Know
California worker protection laws are some of the most robust in the nation.
Any employer who has at least one employee is required to carry workers’ compensation insurance. If you’re injured at work, then you should be covered under your company’s policy. It doesn’t matter who is at fault for the accident.
Think about that for a second…
You don’t have to prove your boss was negligent, or did anything wrong. The only thing you have to prove is that your injury happened while you were doing your job.
Even if it was your own fault.
California’s workers’ compensation system is a no-fault system. Negligence and fault do not come into play. The only issue that matters is that the injury occurred during work-related duties and activities.
The U.S. Bureau of Labor Statistics reported that California employers logged 363,900 nonfatal workplace injuries and illnesses in 2023. California workers need to know their rights.
However, if your employer is acting negligently or a third party is at fault, then you may have additional legal remedies beyond workers’ comp. That’s when experienced California personal injury attorneys can be extremely helpful. They can look for all possible sources of compensation for your case.
The 4 Key Steps to Take to File Your Claim
Filing a workplace injury claim is not a complicated process. However, the timing of your actions is crucial.
Step 1: Report the Injury to Your Employer Right Away
The very first thing you need to do is to report the injury to your employer. California law requires you to report your injury within 30 days. Waiting too long could destroy your case entirely.
Don’t assume a minor injury doesn’t have to be reported. Small injuries can quickly turn into serious injuries.
Step 2: Seek Medical Attention
The next step is to seek medical treatment. Your employer will provide you with a claim form, the DWC-1 form, and information about the appropriate medical providers. Make sure to keep every receipt, and document every visit.
Step 3: File the DWC-1 Form
The DWC-1 Form officially begins your workers’ compensation claim. Your employer must give you this form no later than one working day after they learn about the injury.
Step 4: Documentation is Key
Document every detail of your case, including:
- All medical treatments and appointments
- Any conversations with your employer
- Days missed from work
- The impact the injury has on your daily life
Pretty simple, right
The problem is that many claims get denied on the first attempt. Insurance companies will look for any excuse to deny a claim. Proper documentation can make all the difference.
Compensation You May Be Eligible To Recover
California’s workers’ compensation provides several different types of benefits. Understanding what you are entitled to can help you in fighting for the full and fair compensation.
Medical treatment
All reasonable and necessary medical care related to your workplace injury should be covered under workers’ comp. This includes doctor visits, surgery, physical therapy and prescription medications.
Temporary disability benefits
If you are unable to work while you are recovering, you may be eligible for temporary disability benefits. This typically amounts to about two-thirds of your average weekly wage.
Permanent disability benefits
If your injury causes permanent impairment, you may also qualify for permanent disability benefits. The amount is based on the disability rating, age and occupation.
Supplemental job displacement
If you are unable to return to your previous position, you may qualify for a supplemental job displacement benefit. This is a voucher to help pay for retraining or skill enhancement. This can help workers transition to new careers if their injury prevents them from doing their old jobs.
According to the WCIRB, approximately 40% of claims in the workers’ compensation system are attributed to employees with less than one year of tenure.
Workers with one to five years of service have the highest rate of reported injuries with 31%, while employees with 26 to 35 years of service have the lowest rate at 13%.
When You Need Legal Help
You don’t need to hire an attorney for every workplace injury. There are certain situations where legal representation is definitely warranted.
Get legal help if:
- Your claim has been denied
- You are not receiving the benefits you deserve
- Your employer is retaliating against you for filing a claim
- You have a pre-existing condition that complicates your case
- Someone else may be responsible for your injury
- You have sustained a permanent disability
Here’s what most people don’t know…
Workers’ comp puts strict limits on how much you can recover. But if someone other than your employer was responsible for your injury, then a personal injury lawsuit might be an option. This could be a defective equipment manufacturer, or a negligent contractor.
An experienced attorney can evaluate your case and guide you to the best solution. They know California personal injury law backwards and forwards.
And the initial consultation is usually free.
Most personal injury lawyers work on contingency. This means they only get paid if you win your case.
The Bottom Line
Workplace injuries can happen fast, but the legal process drags on for a long time.
Don’t rush through the process. Don’t skip steps, and don’t let the insurance company get away with treating you like a number. Take action early, stay organized, and fight for what you deserve.
California’s personal injury laws exist for a reason. These laws are only helpful if you know how to use them.
