What are my rights if I was injured at work?

According to California law, you have rights if you have been injured at work which includes:

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. Examples of workers’ compensation claims include hurting your back while at work or suffering joint problems after repetitive typing at work. In order to file a worker’s 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 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.
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 worker’s 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 worker’s compensation claim. If you have been treated differently after filing a worker’s 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.