Injuries while working can happen to anyone, no matter what type of work they do or how careful they are at their job. Most workplaces in California have a duty to provide workers’ compensation benefits to employees when they have a work-related accident or develop an illness associated with their job duties. However, you as the worker also have a duty to report the injury according to the procedures and timelines under California law.
Why is Accurate Injury Reporting so Important?
Reporting workplace injuries is essential for many reasons, though none are more important than your health and safety. Prompt medical treatment is the key to ensuring the best possible recovery, especially in terms of preventing long-term or permanent complications. Even for a relatively minor injury, not getting medical attention right away can result in problems that prevent you from returning to work in a timely manner.
Protecting your legal rights is another important reason for why you should report a work accident or illness to your employer right away. Workers’ comp is a no-fault system, meaning there is no need to prove that another party is at fault for the harm you suffered. As long as you sustained an injury within the scope of employment, you can seek monetary benefits by filing a workers’ compensation claim.
However, workers are required to notify their employers of an injury or health condition within 30 days of the accident / diagnosis. Frankly, you should do this immediately, as you will need to be examined by a healthcare provider that’s approved by your employer’s insurance company. This ensures that your injury is officially diagnosed and on record for both you and your employer, which is necessary to initiate a work-related injury claim.
Obligations of the Employer
With very few exceptions, all California employers have a legal duty to provide workers’ compensation to their employees. Employers that fail to report injuries that are job-related may be fined and subject to other penalties. The laws regarding workplace injury reporting exist to hold employers accountable, while providing safe working conditions for the employees.
Workers also have the right to speak out and demand remedies to hazardous work conditions. Employers that fail to take appropriate action or retaliate against employees voicing these concerns can be fined by the state labor board and sued by employees that are injured or diagnosed with an illness.
How Accurate Injury Reporting Helps Others
When you promptly and accurately report a workplace injury, it creates an official record that’s used by employers, industry organizations, and government agencies. This information is used to make important decisions about workplace safety and how work conditions can be improved at various job settings. Thus, you are not just protecting yourself when you notify your employer about the harm you suffered. You are helping to improve safety standards that help workers as a whole.
Your Rights Once You Report an Injury to Your Employer
Once you tell your employer about a job-related injury, they have 5 days to file a report with the state Division of Workers’ Compensation. If they do not complete this requirement, the employer can face penalties and fines from the State of California.
As a worker in California, you also have the right to medical treatment as soon as you report an illness or injury from your job, as well as compensation for lost wages due to your inability / impaired ability to work. However, you must accurately report your injuries by the deadline of 30 days to obtain these benefits. In addition, you must comply with requests from doctors and your employer’s insurance company.
What Happens after I Report a Work-Related Injury?
Please make every attempt to report that you are injured to your employer as soon as possible. Upon notification, employers must provide forms to initiate a WC claim within one business day. Make sure to fill out the paperwork and return it to your employer as soon as you can, since the claims process cannot begin until you complete this step.
Aside from submitting the forms to the insurance company, you should document your injuries and how they occurred, like the accident at work that caused you to be injured. Make note of any witnesses or security cameras in the area, in case you need evidence to support your right to workers’ compensation benefits. In some cases, you may have the option of filing a personal injury lawsuit against someone other than your employer. Evidence is particularly important in these situations, as you will need to prove negligence or misconduct by this other individual or entity.
How We Can Help You
As employment rights lawyers with decades of experience in workers’ compensation claims, you can count on us to fight for your rights and the payment you deserve by law. We are here to guide you through the legal process, whether you need help filing a claim or disputing a claim denial from your employer or the insurance company.
All of our clients are protected by the Zero Fee Guarantee, which takes the burden of legal fees off your shoulders. Out payment is recovered as a part of your settlement, meaning there is no out of pocket cost to you if you decide to hire us. Either we secure your payment and receive a percentage to cover legal fees, or we make nothing at all.
We look forward to assisting you, so contact us today to receive a free consultation on your rights and legal options.
