No matter the type of workplace or industry, a worker should expect to become ill or injured at any time. Business owners do everything possible to protect their employees, but accidents happen. Additionally, some employers take advantage of their workforce and fail to follow state and federal workplace safety rules. Events that result in harm range from equipment failure and exposure to hazardous chemicals to product defects and third-party on-site incidents.
In California, workers have many rights when dealing with work-related and non-related incidents and seeking appropriate and timely medical care and compensation for emotional, cognitive and physical harm, lost wages, expenses, or permanent disability. Their families have rights in the event of their death as well. Read on to learn more.
What are a Worker’s Workplace Injury Rights?
A worker who experiences illness or injury while on the job has the right to receive immediate medical attention at an emergency room or from a Medical Provider Network physician. If the cause of their illness or injury connects directly to their job, they have the right to receive time off from work and associated workers’ compensation benefits while receiving treatment and during rehabilitation.
Depending on the scenario, the worker might receive partial or total compensation equivalent to their lost wages as temporary or permanent disability benefits. If they must change jobs, they might receive supplemental job displacement benefits to cover the costs of acquiring the education and skills needed to switch to a new role in the same industry or a different career. If the worker passes away, their spouse and dependents have the right to receive death benefits.
Lastly, if the employer has no worker compensation insurance or an insurer refuses to fully cover medical and other needs, the worker has the right to pursue benefits from the California Uninsured Employers Benefit Trust Fund (UEBTF) or the Subsequent Injuries Benefits Trust Fund (SIBTF), or via a civil lawsuit with the help of a personal injury and workers’ compensation attorney. The worker also has the right to report their employer to the state without penalty.
Do Rights Guarantee Compensation?
Some people don’t realize that workers’ compensation benefits aren’t guaranteed. An employer must by law supply immediate medical care to a worker who becomes ill or injured while performing the duties of their job. The availability of benefits depends on several factors.
Although California has a no-fault system, a worker might not receive compensation benefits in certain scenarios, such as when they suffered illness or injury as a result of acting negligently, committing a crime, physically fighting someone in a disagreement they started, or performing their duties while intoxicated from alcohol or drugs.
A worker must pursue a civil lawsuit if a third party visiting the workplace caused the incident, as long as the matter doesn’t fall under a failure of security by the employer. For example, the worker became injured by the negligence or direct action of a third-party delivery driver. They must also seek help via an attorney if they experienced injury while unpaid at an event hosted by their employer or volunteering on their employer’s property. In California, they can only pursue compensation for pain and suffering or emotional distress through the civil lawsuit route. That said, they lose the right to compensation if they fail to report their illness or injury or file a claim within a legally required period of time.
How Quickly Must a Worker Pursue Assistance?
A worker must report their circumstances to their direct supervisor or other manager and seek medical attention as soon as they fall ill or become injured, or they realize they’ve developed a health problem or disability from their job. They have 30 days to file a workers’ compensation claim after a direct illness or injury. They receive up to a year to file when they discover a disability or prolonged illness or health issues that developed gradually. By law, their employer must provide them with the workers’ compensation form no later than a day after they report the incident.
If a worker must file a claim via an attorney, they need to seek legal assistance as soon as possible and no less than half a year before the statute of limitations runs out for a personal injury case. Lawyers typically need at least six months to research a case before they file for their clients.
It’s critical that a worker do everything they can to prevent mistakes that can delay or ruin their claim. Workers should always seek and have the right to a second medical opinion. They have the right to appeal any denial of coverage for diagnosis, testing or treatment. Per the Occupational Safety and Health Administration, a worker also has the right to act as a whistleblower about workplace hazards without fear of retaliation. The worker and their attorney, when applicable, have the right to copies of any test results from inspections, other illness and injury incident records, and the medical records created by any employer-chosen or other physician.
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