What Happens If I Get Injured at Work in California?
Curious about what to do after you’ve been injured at work?
In California, if you’re injured on the job, your employer is often legally responsible for covering medical expenses and lost income while you recover.
What does that mean for you?
In this article, we cover essential steps for California workers to take after a job-related injury, explains their rights to compensation, cover situations like a trip and fall at work, and highlights additional compensation options through third-party claims.
Let’s begin.
Steps To Take After You Get Injured at Work
Here’s what to do first.
1. Get Medical Treatment as Soon as Possible
Seek medical treatment as soon as possible.
Why is this important?
Quick medical attention helps establish a link between the injury and your job. Medical records provide evidence, and keeping medical bills and receipts helps ensure you get compensated for all injury-related costs.
2. Gather Evidence Right After The Injury Occurs
Next, don’t overlook this step:
Gathering evidence right after the injury is crucial.
How can you do this effectively?
Take photos or videos of the scene and jot down everything you remember.
What if you’re too injured to do it yourself?
Ask a coworker or someone on-site to help gather details. Why now? Evidence might not be available later, so act fast.
Remember: Get names and contact information of witnesses for your records.
3. Report The Incident To Your Employer
Don’t put this off!
Report the incident to your employer right away.
Why?
Delaying this step can hurt your ability to get compensation and affect the credibility of your claim. Make sure your employer knows exactly what happened.
4. Keep A Journal or Log Detailing Your Experience
Want to build a stronger case?
Keep a detailed log of your injury and recovery process.
How does this help?
Keeping track of how the injury impacts your daily life can boost the credibility of your claim. How often should you record? Aim to make entries every few days.
Pro tip: This record can be written, typed, or even voice-recorded based on your comfort level.
When Employers Are Not Required to Compensate Injured Employees
Did you know there are exceptions?
In most cases, employers are required to compensate employees injured on the job. But here’s the catch: If employees engage in prohibited activities, employers may not be required to provide compensation.
For example:
An employer may not have to compensate if the injury was:
- Intentionally self-inflicted
- Caused by alcohol or drug use on the job
- Resulting from an employee-instigated fight
- From non-work-related recreational activities
Here’s what that means for you: Be mindful of the activities that could impact your compensation rights.
Understanding these exceptions is crucial because engaging in certain prohibited behaviors can jeopardize your right to receive workers’ compensation benefits.
In other words, if your actions fall under any of these categories, you may be left covering medical bills and lost wages on your own.
So, remember: Always consider how your activities may impact your eligibility for compensation.
How Employers Can Be Sued for Work-Related Injuries
Wondering if you have grounds for a personal injury lawsuit?
In cases where an employer denies benefits, there may be legal grounds to pursue a lawsuit.
But what qualifies?
Situations where an employer could face personal injury liability include:
- Assault by the employer
- Hiding the injury’s connection to the workplace
- Using unsafe equipment made by the employer
- Wrongfully denying a claim
If any of these apply to your case, it might be time to seek legal advice.
Third-Party Liability for Work-Related Injuries
But what if someone else is to blame?
Sometimes, a third party—such as a contractor or another driver—is responsible for your work-related injury.
Here’s where it gets interesting:
Third-party liability could apply, for instance, if a repairman’s error causes injury or if another driver hits you while on a work errand.
Why does this matter?
A claim against a third party can often include compensation for non-economic damages, such as pain and suffering, which might not be covered by employer benefits. Think of it this way: Third-party claims can provide additional financial relief.
Injured at Work? Contact Curtis Legal Group to Protect Your Rights Today
Ready to take action?
An injury at work can take a toll on your finances and health. Why settle for less? Seeking the maximum compensation available can protect both your financial stability and your well-being.
Need help navigating the process?
A free consultation with a California workplace injury attorney can clarify your legal options, strengthen your claim, and ensure you receive what you’re entitled to.
Don’t wait—take control of your recovery today!