No one is ever prepared for an injury on the job. You may think you are, but, when it occurs, you’re likely to have so many questions. No matter how aware you are of your rights and workers’ compensation in California, the unexpected can occur. That’s where we come in here. Here at the ODG Law Group, we’ve been helping California workers through the workers’ compensation process for many years. These are some of the questions we’re most commonly asked.
You’ll note we wrote “some of the questions we’re most commonly asked.” This list is by no means comprehensive. If you don’t see an answer to a question that you have, don’t hesitate to reach out. We’re glad to discuss workers’ compensation with you, to help you better understand your rights and the best actions you can take to give yourself the highest probability of the most successful outcome.
1. Am I Eligible for Workers’ Compensation in California?
If you are injured on the job in California, you may be eligible for workers’ compensation benefits. So long as you were doing your job at the time and in the course and scope of your employment, then, yes, you can be eligible to receive workers’ compensation benefits..
Many California workers aren’t necessarily aware of this. So many mistake workers’ compensation laws for those governing personal injuries. If you are in a car accident, for example, and you are liable for the car accident, then you either cannot receive compensation for your injuries or you can only receive a percentage of the compensation you would have deserved for your injuries. Workers ‘compensation, however, doesn’t work like that.
It doesn’t matter if your at-work injury is “your fault.” It doesn’t matter if you were “liable” for your injury, or anything like that. So long as you were doing your job at the time of your injury, then you can be eligible for workers’ compensation in California.
An Example
Say that you work on a factory floor. You operate machinery, heavy machinery. One day, you mistakenly hit the wrong button, injuring yourself. In this case, then, yes, the injury was “your fault,” so to speak. But, you’re still eligible for workers’ compensation. You can receive compensation for your injuries. Why? Because you were working at the time and injured in the course and scope of employment..
While this example took place at the place of work, you don’t need to be at your place of work at the time of your injury to receive workers’ compensation. To use another example: say that you’re making a delivery for your job. You leave your place of work to deliver work materials to another location. Then, in transit, you’re in an accident, suffering an injury. You could receive workers’ compensation for this injury, too.
Why? Because it was an “at-work” injury. You were still “at-work.” Sure, you weren’t at your place of work at the time of the injury. But, you were on the field, working. You were on a work assignment. You were doing your job. So long as you’re doing your job when you suffer your injury, then you can be eligible to receive workers’ compensation.
When The Other Side May Try to Fight You
As cut and dry as this rule may seem, there are times when the other side will try to claim that you don’t deserve workers compensation and are not eligible. All too often, those who suffer cumulative trauma injuries have their claims denied. That’s wrong and it shouldn’t happen. Indeed, if your claim was denied, that’s when you want to reach out to an experienced workers’ compensation attorney.
The reason: because you may very well have a strong claim. One denial doesn’t mean that your claim is not valid. Far from it. You may very well have a strong claim, it was just denied for whatever reason. That said, you don’t want to apply again without having an experienced professional by your side. By working with attorneys who have done this before, you give yourself the best chance of success.
Cumulative Trauma Injuries
Cumulative trauma injuries are, as the word “cumulative” implies, something that builds up over time. We see it often with clients who are administrative workers, copywriters, those who spend all day lifting, typing, the pressing, and so forth. All of that work, over time, can take a real toll on a person’s body. It won’t happen today, or tomorrow, or most likely for some time, but, when it does, it can lead to serious injuries.
A cumulative trauma injury, unlike other at-work injuries, doesn’t happen “at once.” When someone trips, when they fall, when something falls upon them, etc. – those are injuries that happen in an instant. Cumulative injuries, on the other hand, build up over time. You keep working and working hard, doing your job to the best of your ability, and then, one day, it becomes too much and you suffer an injury.
Those who suffer cumulative trauma injuries as a result of their jobs are absolutely eligible for workers’ compensation. Of course, the other side may do everything in their power to keep you from getting that compensation. They may try to say that your injury didn’t occur at work, that it wasn’t a result of your job, and so forth. Indeed, many of our clients who suffered cumulative trauma injuries and had their claims denied were genuinely surprised by the lengths the other side would go to, the arguments they would employ, to try to get out of workers’ compensation.
However, if you suffered an injury at work and/or as a result of your work, then we’re here to help. If you believe there’s even a slight chance that you suffered an injury, it’s worth reaching out to us for a free case evaluation.
2. What Should I Do Right After I’m Injured?
The first action to take after you’ve been injured at work is to stop working and seek medical attention right away. Just stop. Don’t try to “fight through it.” Don’t “suck it up,” or whatever other rationalization so many of us take to convince ourselves that the pain we are feeling isn’t real. Stop working. Stop what you’re doing. Do not continue working and get the medical help you need. It won’t be good for your health or your work.
We understand how hard you want to work, how much your job matters to you. That said, there’s nothing to be gained by continuing to work. You could, of course, injure yourself further. Moreover, it’s not like you’re going to be able to do your job to the best of your ability, not worth an injury. If you’ve been hurt, stop working. Immediately.
The next course of action: get to safety. Remove yourself from harm’s way to the extent that you can do so safely. If your hand has been caught in a machine, or you’ve been trapped between two pieces of machinery at a construction site, if you’re in the middle of a busy road, or something similar, try to extricate yourself to the best of your ability. Only do so if you can do so safely, without putting yourself and others at risk of further injury.
Report the Injury to Your Employer
Once you’ve done that, you have two options, both of which must be done as quickly as possible. You want to receive professional medical attention and you want to report the injury to your employer. Often, these two steps occur simultaneously.
For example, if you’re hurt at work and an ambulance comes, then, yes, make sure that your employer knows and you’ll be getting into the ambulance.
However, for other injuries, you want to make sure to take care of both. You don’t have long to report the injury to your employer. Doing so as quickly as possible helps your claim in many ways. For example, the sooner you inform your employer about your at-work injury, the sooner your workers’ compensation claim can begin and you can start getting medical attention..
If you don’t do that, then the other side may try to use that against you as well. They could make some argument to the effect of: “how serious can this person’s injury be if they didn’t even bring it up to their employer?” You don’t want to give the other side any ammunition, any whatsoever, that could potentially strengthen their case at the expense of yours. Even if it feels “awkward,” “weird,” or “wrong,” inform your employer about your injury.
How do you report the injury to your employer? We recommend doing it in multiple ways. If you can do so verbally, tell your employer (supervisor, HR, etc.) in person. By that same token, you want to do it in writing, too – email, a written note,text, something like that which can be tracked and proven. If you think of it, include details like when it occurred, where it happened, and so forth. You don’t have to get into your feelings, injuries, and the like.
Think of it like a news story. Include “who,” “what,” “where,” and “when.” You have that in your notice, and you’ll be fine.
Get Medical Attention
The same goes for getting medical attention. Yes, it’s understandable that you don’t want to seem a malingerer, someone that “cries hurt” instead of handling their work responsibilities. However, this is not a good idea, not at all. The longer you put off receiving medical attention, the worse everything can get.
For starters, your injuries can worsen. Far too often, at-work injuries that go untreated get worse over time. As they aren’t treated, they can become more and more damaging. You want to receive medical attention if your injuries seem serious, yes, but, you also want to receive medical attention if your injuries don’t seem serious as well.
Why? Because you may have suffered internal injuries you aren’t currently aware of. The injury may have weakened something in your body that, soon enough, will make itself known. By then, it may be too late. You’ll have weakened your body as well as your workers’ compensation case. Don’t let it happen.
Just as with delaying informing your employer about your injury, the other side may try to use this against you as well. They may make some version of the argument: “how serious could their at-work injuries be if they didn’t even get medical attention afterwards?” It’s just not worth it, not on any level.
A Final, Often Overlooked Action to Take After Suffering an At-Work Injury
In addition to what’s mentioned above, there’s another important step to take after an at-work injury that is all too often overlooked: documentation. You want to document your injury as much as possible. That means taking pictures, taking videos, journaling, getting in touch with witnesses/talking to them, and so forth.
Why? Because this is evidence. This is all real evidence that can make your case stronger. The other side may try to say that your injury isn’t all that serious, that it couldn’t have been that bad. If you have pictures and videos, then that is evidence that cannot be dismissed. It’s very hard to make an argument about how your injuries weren’t that bad when you can show pictures and videos about how serious they are.
The more of this you have, the better. Opt for too many pictures and videos as opposed to too few. By that same token, if you can, document that evidence which will disappear, too. For example, if you were injured by a machine at work, then be sure to take pictures and videos of the machine, property damage it may have caused, stains, and so forth. That will be fixed and replaced – possibly before your case is completed. The more evidence you have, the more you have to buttress your claim.
3. What Documentation Do I Need for a Workers’ Compensation Case?
It’s easy for us to say “as much as you can,” but there are some fundamentals that you’re going to want to organize. For example, you want to make sure that you have all of your medical records connected to the injury. By that same token, your pay stubs can help quite a bit, too. Should have the incident reports connected to your accident/incident, those can only help as well.
You’re going to want to have all the communication that you’ve had with your employer about the injury, too. Indeed, that’s one more reason that you’re going to want to be sure that you send them a written notice about your injury.
If you have trouble procuring any of that, we very well may be able to help. It’s one more reason to reach out to an experienced attorney.
4. Can My Employer Retaliate Against Me for Filing for Workers’ Comp?
No. They can’t do so legally. It is illegal for an employer to retaliate against an employee for filing for workers’ compensation, pursuing a workers’ comp case, or anything like that. Unfortunately, just because it’s illegal, that doesn’t stop some employers from trying.
If you believe that your employer may have retaliated against you, contact us as soon as possible. We’ll bring a lawsuit against them and help you receive even more compensation. Remember, in the context of workers’ compensation in California, “retaliation” can have many meanings.
It could mean that your employer fires you, yes. But, they could also give you less favorable hours. They could try to make your job more challenging, demote you, pass you over for a promotion that you deserved, tank your performance review even though you did well, and many other actions. Again, if you feel you were retaliated against in any way whatsoever for your workers’ comp claim, contact us as soon as you can.
5. What are My Rights as an Injured Worker in California?
You have the right to file for workers’ compensation, You have the right to medical treatment, replacement for your wages, and to get legal representation. By that same token, of course, you also have the right to not be retaliated against by your employer. If you aren’t 100% sure about your rights or want help at any step of the process, we’ll be glad to see how we can support you.
6. What Compensation Can I Receive for My Injury?
You may be eligible for compensation for your medical treatments and care. So, that could include doctor’s visits, medications, rehab, transportation to and from the doctors’ – you could receive compensation for all of that and more. Indeed, you could even receive medical compensation for treatments moving forward in the form of future medical care..
You could receive wage replacement/temporary disability if you have to miss work for a time. If you suffer a permanent disability, you can receive permanent disability benefits as well.
If you can’t do your job to the capacity that you could before, you can receive a supplemental job displacement voucher, too. That means you could be retrained for a new job, one that you’re better suited for, especially post-injury.
You may be eligible for all of this and more. Talking to an experienced attorney is the best way to find out what you are eligible for.
7. Should I Talk to a Lawyer About My Workers’ Compensation Case?
Yes. Absolutely. If you were injured at work, you give yourself the best chance of success by working with an experienced attorney. After suffering an injury at work, it’s natural to not know what to do. That’s when you want to work with someone who’s done this before time and time again and can help you navigate the system, secure the best medical treatment and outcome possible. Here at the ODG Law Group, we’ve helped so many workers who were in the same position you are right now.
Were you hurt at work? Are you unsure how to best proceed? We’ve got your back. Schedule a free case evaluation today.
