What Injury Rights Does an Employee Have in The State of California?
Nobody expects to get injured on the job. The truth, however, is that every year, thousands of workers are injured in California – due to their own negligence in some cases and due to their employers’ negligence in some other cases. Irrespective of the cause of the injury, any worker who is injured on the job has the right to receive quality medical care and compensation.
Work Injury Rights in California
The first thing you should know about California’s workers’ compensation system is that it is a no-fault system. What it means is that as an injured worker, you are entitled to receive medical care and compensation – even if the injury or illness in question was caused as a result of your own negligence.
Given below is a brief list of your work injury rights in California.
- Right to file a workers’ comp claim
- Right to receive quality medical care
- Right to receive temporary or permanent disability compensation (depending on the nature, extent, and severity of the injuries you suffered)
- Right to return to work only when approved by the physician who treated you
- Right to file an appeal if you are not satisfied with your employer’s or the insurance company’s decision regarding your claim
- Right to be represented by a California work injury attorney during the claims process
Under California law, employers are strictly prohibited from taking any action that might infringe upon or violate a worker’s injury rights. These include:
- Persuading, coercing, or threatening an injured worker into not filing a claim
- Forcing an injured worker to pay their injury-related bills through their own health insurance policy
- Bullying, harassing, or discriminating against a worker or depriving them of their benefits for filing a claim
- Terminating a worker for filing a claim
Work Injury Rights in California – What Are the Benefits and Entitlements You Can Avail?
Cost of Medical Treatment
It covers the costs associated with your evaluation, treatment, and rehabilitation.
Temporary Disability Payments
If you have to take time off work due to a work-related injury or illness, you can qualify for temporary disability payments. You are entitled to receive temporary disability payments for a period of up to two years.
Permanent Disability Payments
If your work-related injury or illness leaves you with a permanent disability, you can qualify for permanent disability payments. You are entitled to receive permanent disability payments for a period of up to 14 years.
Supplemental Job Displacement Benefits
If you are not able to return to your previous job due to your injuries and if you are not offered a suitable job by your employer, you can receive supplemental job displacement benefits, which are meant to cover the cost of your educational retraining or skill enhancement programs.
Need a Lawyer Who Can Protect Your Work Injury Rights in California?
Attorney Thomas F. Martin has over 25 years of experience in handling California work injury rights claims. Rated highly by his clients as well as peers, Mr. Martin is a recipient of numerous awards and professional honors. He can offer you the legal guidance you need, make sure your rights are not violated at any point during the claims process, and help you get the compensation you deserve. For a free and confidential consultation, call us today at 714-547-5025 or contact us online.