What Rights Do Injured Employees Have in California?

Author: David Lavi, Esq.

Date: February 17, 2025

Workplace injuries can be physically, emotionally, and financially challenging for employees. In California, workers’ compensation laws are designed to protect employees by providing medical care, wage replacement, and other benefits after a work-related injury or illness. If you’ve been injured on the job, understanding your rights is crucial to ensuring you receive the compensation and support you deserve.

1. The Right to Workers’ Compensation Benefits

California law requires most employers to carry workers’ compensation insurance. If you are injured on the job, you have the right to file a workers’ compensation claim to receive benefits, including:

• Medical treatment: Coverage for necessary medical care related to your injury.
• Temporary disability benefits: Payments for lost wages while you recover.
• Permanent disability benefits: Compensation if your injury results in lasting impairments.
• Job displacement benefits: Assistance in retraining if you cannot return to your previous job.
• Death benefits: Support for dependents in case of a fatal workplace injury.

You are not required to prove fault to receive benefits. Even if the injury was partially your fault, you are still entitled to compensation.

CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION

(213) 213-0000

2. The Right to Report Your Injury

As an injured worker, you have the right to report your injury to your employer without fear of retaliation. You should notify your employer as soon as possible—preferably within 30 days—to avoid delays in receiving benefits. Your employer must provide you with a DWC-1 Claim Form after you report the injury.

3. The Right to Choose a Doctor

Initially, your employer may require you to see a doctor within their Medical Provider Network (MPN). However, after 30 days, you have the right to switch to a physician of your choice, as long as they are within the workers’ compensation system. If you pre-designated a personal doctor before your injury, you may be able to see them immediately.

4. The Right to Disability Benefits

If your injury prevents you from working, you may qualify for temporary disability benefits (up to two-thirds of your wages while you recover). If your injury results in long-term impairment, you may also receive permanent disability benefits, depending on the severity of your condition.

5. The Right to Return to Work (or Seek Job Displacement Benefits)

Your employer must make reasonable efforts to accommodate your return to work. If your injury prevents you from resuming your old job, you may be entitled to supplemental job displacement benefits, including a $6,000 retraining voucher to help you learn new skills for a different job.

CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION

(213) 213-0000

6. The Right to Legal Representation

You have the right to consult a workers’ compensation attorney to help with your claim. If your claim is denied or delayed, an attorney can represent you before the Workers’ Compensation Appeals Board (WCAB) to ensure you receive the benefits you deserve.

7. The Right to Protection from Retaliation

It is illegal for an employer to fire, demote, or discriminate against an employee for filing a workers’ compensation claim. If you face retaliation, you can file a complaint with the California Labor Commissioner and seek legal action against your employer.

8. The Right to Additional Legal Claims

In some cases, you may be able to file a lawsuit outside of workers’ compensation if:

• Your injury was caused by a third party (e.g., a defective product or another company’s negligence).
• Your employer intentionally caused your injury.
• Your employer does not have workers’ compensation insurance.

These situations may allow you to seek additional compensation for pain and suffering, which is not covered under workers’ compensation.

Final Thoughts

California’s workers’ compensation laws provide strong protections for injured employees. If you’ve been hurt on the job, knowing your rights can help you get the benefits and support you need. Always report your injury promptly, seek medical care, and don’t hesitate to consult our attorneys at E&L, LLP for a free-no obligation consultation.