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Your Rights to Workers Compensation

Orange County Law Firm Protecting Your Rights to Workers’ Compensation

Pursuing workers’ rights in California

The legal team at Tous Law Group understands that workers’ compensation law is confusing. You probably have numerous questions about your rights to compensation for your workplace injuries. Our employee-rights lawyers have the answers. Let us give you the advice and guidance you need.

Workers’ rights

California law provides that workers have the right to work in safe environments. Your employer must carry workers’ compensation insurance or otherwise provide payment for the expenses related to your injury if you are injured on the job. To preserve your right to benefits, however, you must act quickly after the accident. If the injury is an emergency, seek treatment at the nearest medical facility. Next, you should notify your employer as soon as possible, within 30 days from the date of the injury. If your injury is not an emergency, notify your employer immediately, find out which medical providers take your company’s workers’ comp insurance, and only seek medical treatment from authorized providers. Finally, it is essential that you fill out a claim form that your employer provides you.

It is important to note that California is a “no fault” state, which means that workers are entitled to receive benefits regardless of who was at fault in causing the accident. This means that a worker may have been negligent and contributed to the workplace injury, but the worker still receives workers’ comp coverage.

Duties of employers

California employers must carry workers’ compensation insurance or qualify to become self-insured. All employees must be provided a pamphlet explaining their rights and responsibilities to preserve their insurance coverage. Additionally, a workers’ comp poster must be posted in a visible location at the job site.

After an injury or illness occurs, your employer must:

  • Provide you with a workers’ compensation claim form (called a “DWC 1 form”) within one working day after a workplace accident or illness is reported
  • Provide you with a completed copy of the claim form within one working day of receipt
  • Forward the claim form, along with the employer’s report of occupational injury or illness, to the claims administrator within one working day of receipt
  • Authorize up to $10,000 in appropriate medical treatment within one day of receiving your claim
  • If appropriate, provide you with transitional work

If your injury is the result of a crime that occurred at work, the employer must give notice of workers’ compensation eligibility within one working day of the crime.

Seek help from knowledgeable workers’ compensation attorneys in Orange County

If you have suffered a workplace injury, contact Tous Law Group at 714-602-4473 or via our online contact page for a free consultation. We have four offices conveniently located in Costa Mesa, CA, Los Angeles, San Francisco and Corona. At our Orange County location, the parking is free and our office is easily accessible to public transportation. And remember, no recovery means no attorney’s fees!