How to Bring a Workers' Comp Case in California

Personal injury attorney Neil Shouse explains the process to file a workers' compensation claim in the state of California.

More info at https://www.shouselaw.com/ca/workerscomp/
or call (855) 809-0900 for a free consultation.

When an employee is injured while performing the normal and required tasks of their workplace, it is almost always the duty of the employer to take responsibility for those injuries. In the state of California, this process is handled through the workers' compensation system. However, sometimes employers have to sue their employer, bosses, or the owners of the company in a civil court.

There are many different types of workplace injuries, whether they be sudden dramatic injuries like a slip and fall, or gradual nerve injuries from repetitive motions, like carpal tunnel. No matter the injury, the California workers’ compensation system requires employees to notify their employer about their injury within 30 days of the date when they became aware of the injury. Our attorneys suggest that you report your injury in writing immediately after the injury.

After notifying your employer of the injury, you next will have to fill out a workers’ compensation claim form. It’s important that you be completely honest when filling out this form, because lying on the claim form is punishable as a felony under California’s penal code regarding workers’ compensation fraud.

The company will then have 90 days to accept or deny the workers’ comp claim. If they deny it, you can appeal. If they accept the claim then all your medical bills and lost wages will be paid for by the employer.

Under the California workers’ compensation system, injured employees have a lot of protections. Their bosses cannot retaliate against them in any way for filing the injury claim. They cannot fire, demote, discriminate against or take action against an injured employee in any way. And if the injury is so serious that you cannot perform your previous job anymore, the employer is required to find alternate duties for you, called “supplemental job displacement” at a minimum of 85% of your previous salary. If the injury is so grave that you cannot work for a while, or never work again, then you will also qualify for either temporary or permanent disability.

If you or a loved one has suffered an injury in the workplace we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
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