If you suffer an injury at work, it can be a scary thing. The workplace is usually an environment that we expect to be safe in and where all safety precautions are usually taken to the extreme. However, workplace injuries are fairly common, and even more common if you work in an industry where you must use your own body strength to complete your work. Therefore, we at Solutioin Law wanted to review what an individual employee should do in the case that they end up suffering from an injury that occurred at work, and what kind of legal action should be taken going forward in order for that individual to gain the compensation they deserve to make up for their injuries and lost work hours.
The program in California that covers workplace injuries covers: trips/slips/falls, falling from great heights, strains/overexertion damage to the muscles, getting hit by falling objects, vehicle collisions and crashes, injuries/illnesses caused by toxic substances, exposure to loud noises, workplace fights/assaults, attacks by animals, entanglements in machines, and unjust death.
What to do if you just suffered an injury at work
- The first thing you should do in this situation above all else is to call 911 and tell the medical staff that your injury is job-related
- Contact your employer and let them know what happened, in writing if possible (if you do not do this soon enough after incurring your injury, you may become ineligible for worker’s compensation benefits)
- Gather the most information you can on exactly what happened, what specifically caused the injury, and the severity of the injury (these details will be necessary to give to your attorney and to provide on the workplace injury report you file with your employer)
- Get the most evidence and photos that you can support your case against your employer (this will be helpful to provide to the attorney you hire for your case)
- Fill out a workplace injury report with your employer including as many details about the situation, the causes, and the injury incurred as possible
- If the injury is not an emergency, contact a doctor and get treated as soon as possible
- File a case against your employer for the work-related injury you suffered as soon as you can
- Hire an attorney to support you and your case against your employer
- Do not return to work until you are healed from your injury (lost hours from your work-related injury should be included in your worker’s compensation package)
Our tips on worker’s compensation if you’ve been injured at work
Injured workers should never be hesitant to file a claim for workers’ compensation due to fear of retaliation from their employer. California law actually prohibits employers from doing exactly that. All California employees have the right to file safety complaints, infractions, or work-related injuries. It is illegal for your employer to fire you, demote you, reduce your pay or hours, or take any other adverse employment action against you because of the workers’ compensation claim you’ve made against them. We hope this gives you peace of mind.
Furthermore, it is essential for all California workers to know that workers’ compensation is not the only option for financial recovery. Workers who have been hurt due to the negligence of someone else may be able to seek even larger or additional compensation through the civil court system if a personal injury claim is made as well.
However, if you have suffered an injury at your place of work and you just are not too sure who to go to or where to start with your claim, you should know that our team here at Solution Law can take on huge firms and companies on your behalf to get to the bottom of an alleged retaliation issue and its consequences for your life. You may be able to get your job back and recompense for your losses. If you believe you have a case of workers’ compensation retaliation, our attorneys can assist you. We understand the factors that an employee must have in order to file this type of claim. We will be there for you every step of the way.
Our tips on moving forward after you make a case against your employer
- Keep in contact with your employer (regarding your medical progress)
- Do not return to work until you feel ready to do so
- Fill out a return-to-work form
- Take into consideration what new work restrictions (temporary or permanent) might be given to you by your medical provider and let your employer know what these are as well
- Create a plan with your employer to safely reintegrate yourself into the workplace once again
- Keep copies of all relevant medical and legal documents with you just in case
If you have any further questions, please do not hesitate to We look forward to helping you stay safe and supported.