If you have recently sustained an injury in your San Diego workplace, it is important that you know your rights as an employee! First off, be sure to report your injury or illness to your employer right away. If you do not do so within 30 days, you could lose access to workers’ compensation benefits. If the injury or illness is being sustained over a long time period, report it as soon as you are sure it is tied to work.
What Are Your Rights?
- You have a right to workers’ compensation benefits if you were injured in the workplace. In California we have a “no fault” system, which means you only have to prove you were injured on the job, not that your employer was at fault.
- You have an immediate right to obtain medical treatment, including up to $10,000 worth in benefits after you file your claim. This is true even if your claim is being contested or investigated.
- If you are temporarily disabled, you have a right to receive up to two-thirds of your lost income during that time period. If the disability is permanent, you have a right to permanent disability benefits. This is true even if you are able to return to work later.
- Your employer has no right to harass you or retaliate against you in any way for filing a claim.
- Your employer has no right to fire you or demote you for being injured on the job.
- Even if your injury or illness is not a physical one, you are still entitled to these same rights! Psychological conditions such as PTSD or anxiety which are tied to work circumstances are much harder to document and prove, but you are entitled to the same workers’ compensation and disability benefits.
- In an at-fault situation you can prove, your employer or a third party may be liable to pay additional damages. You may be able to take the at-fault party to court and get the justice you deserve.
Your Workers Compensation Attorney San Diego
The Law Office of Matthew A. Verduzco is here to address any questions you might have and to help you to file your benefits claims. We handle cases like yours every day, and can help you to know and protect your rights when you are injured on the job.
Not sure if you have a case? Employee rights can be very confusing, and we understand that right now, you are concerned about wasting money on unnecessary or hopeless legal expenses. This can be a very daunting process, especially when you are already worried about how to pay your medical bills and everyday expenses. That is why we offer you the chance for a free consultation. During your consultation, we can analyze your situation and let you know if you have a case. Call us at (619) 213-1558.