Maison Law helps injury victims in California through the legal process. Part of this process can include workers’ compensation, which gives you certain resources and benefits if you get hurt at work. Workers’ compensation is just one of the rights you have as an injured worker in California. To learn more about your legal options, contact us today for a free consultation.
What Rights Do You Have as an Injured Worker in California?
When you get hurt at work, it’s pretty demoralizing, especially if it happens because of unsafe conditions. One of your main legal protections you have as a worker in California is the right to a safe work environment. So, when this doesn’t happen and you get hurt, you can take action through workers’ compensation.
California’s laws relating to labor and workers’ compensation give you several rights:
- Filing a workers’ compensation claim.
- Getting medical care from a doctor of your choice.
- Returning to work once you’re cleared by a doctor.
- Receiving disability payments if you can’t go back to work, whether temporarily or permanently.
- Challenging a decision made by your employer or their insurance company.
- Refusing or taking legal action if your employer tries to stop you from filing a workers’ compensation claim.
- Refusing if your employer asks you to use your own health insurance to cover work-related injury costs.
- Not being mistreated or harassed for filing a workers’ compensation claim.
Obviously, getting hurt at work is going to bring certain challenges. That’s why these rights and laws are so important to understand. But equally as important is to understand what your options are.
What Legal Options Do You Have After Getting Hurt at Work?
If you’re hurt at work, your legal options generally remain the same as it would if you were hurt outside of work. If someone else’s negligence caused your injury, you have the right to file a personal injury claim in civil court to seek damages.
However, when workers’ compensation comes into play, things can get a bit more complicated. While this doesn’t take away your right to file an injury claim, understanding the process can be clearer when broken down into the following steps:
- Workers’ comp claim – Workers’ compensation operates like an insurance claim. You file a claim, and the company either offers a full settlement or provides ongoing benefits. Since your employer is likely required to carry workers’ compensation insurance, this coverage should be available to you.
- Lawsuit – When your workers’ comp benefits run out or if your employer retaliates against you for filing, you may need to file a lawsuit. Our team is here to help with both the workers’ comp claim and any further legal action to make sure you recover the damages that are available to you.
Workplace accidents can vary, but the damages you might recover could include:
- Current lost wages
- Loss of future earnings or benefits if you’re temporarily disabled
- Medical expenses
- Costs for ongoing care
- Emotional distress
- Pain and suffering
- Wrongful death benefits
No one plans for a workplace injury, but knowing your legal rights can make all the difference in how you recover. Whether through workers’ comp or a lawsuit, it’s important to file your claim within two years of the accident to protect your rights.
Contact Maison Law After a Workplace Injury in California
When you’re hurt at work, you have rights and options in California. At Maison Law, we can help you through this process and explore these options. Our team of California workers’ compensation lawyers understand how to approach these cases and what you can do to make sure you get the benefits and damages you need to get better. Contact us today for a free consultation after a workplace injury.
