Workplace accidents can cause serious injuries, leaving employees with medical bills, lost wages, and uncertainty about their future.
It’s Essential to Understand Your Legal Rights and the Steps to Take to Secure Compensation
1. Report the Injury Immediately
California law mandates reporting workplace injury to your employer within 30 days. Delays in reporting might put you at risk for not being eligible to receive workers’ compensation.
2. Receive Medical Care
Although the injury appears minor, getting medical treatment is necessary. Under California law, your employer can have an assigned medical provider network (MPN) to whom you must go for care.
3. Report a Workers’ Compensation Claim
California law makes injured workers eligible for workers’ compensation benefits, which include:
- Medical treatment
- Temporary disability compensation (lost income)
- Permanent disability compensation (if true)
- Vocational retraining (sometimes)
Your employer will give you a DWC-1 claim form when you report the injury. Filling out this form initiates the formal claims process.
4. Can You Sue Your Employer?
Workers’ compensation statutes usually prevent workers from suing employers. You might have a third-party claim if:
- A faulty product led to your injury (you can sue the manufacturer).
- Negligence of a subcontractor or another company led to the accident.
- Your employer committed intentional wrongdoing or did not have workers’ compensation insurance.
5. Know Your Rights Against Retaliation
California law forbids employers from retaliating against workers who make workers’ compensation claims. If you are terminated, demoted, or harassed for reporting an injury, you might have a wrongful termination lawsuit.
6. Seek a Workers’ Compensation Lawyer
Insurance companies can attempt to deny or undervalue your claim. A Sherman Oaks workers’ compensation attorney can assist you through the process and battle for full benefits.
If you have experienced a workplace injury in Sherman Oaks, being aware of your rights can guarantee that you get the compensation you deserve. Taking prompt action and seeking an experienced attorney can safeguard your future and financial security.
This article was written by Alla Tenina. Alla is a top personal injury attorney Sherman Oaks, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.