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Back to News 12.11.2024

I Was Injured at Work – What Are My Rights in California?

Can I Reopen A Workers Comp Case?

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

I Was Injured At Work: What Are My Rights in California?

Workplace injuries can happen unexpectedly, leaving employees in a state of uncertainty about their health, finances, and future. According to the US Bureau of Labor Statistics, over 2,500,000 workers were injured on the job site in 2023 alone. Whether injuries result from a sudden accident or develop over time due to repetitive strain, California law provides protections and benefits to help injured workers recover physically, emotionally, and financially.

Many injured workers are unaware of their rights, including access to medical treatment and legal protections against retaliation. Understanding your rights is critical to ensuring you receive the care and compensation you deserve. This guide will outline the key legal protections available to California workers who are injured on the job and provide guidance on how to protect those rights. 

What California and Federal Laws Protect Workers Injured on the Job?

California has some of the strongest legal protections in the country for workers who are injured on the job. These laws ensure that injured employees can recover from their injuries while safeguarding their rights to fair treatment in the workplace. Some of the most notable federal and California Laws that protect workers include:

California Workers’ Compensation Act

  • Requires employers to provide no-fault workers’ compensation benefits, including medical care, disability benefits, and job retraining for employees injured on the job.
  • Prohibits retaliation against employees who file workers’ compensation claims

California Fair Employment and Housing Act (FEHA)

  • FEHA prohibits discrimination against workers with disabilities, including those resulting from workplace injuries.
  • Requires employers to provide reasonable accommodations to injured workers unless it creates an undue hardship.
  • Mandates an “interactive process” between employer and employee to identify suitable accommodations.

Occupational Safety and Health Act (OSHA)

California Family Rights Act (CFRA)

  • Allows eligible employees to take up to 12 weeks of job-protected leave for serious health conditions, including workplace injuries.

Reasonable Accommodations and Employer Obligations After Injury

When an employee suffers a workplace injury that leads to a temporary or permanent disability, employers in California are legally required to provide reasonable accommodations to help the worker continue performing their job or transition back to work. 

Both California and federal laws ensure that injured employees are not unfairly penalized and that employers make reasonable efforts to support their recovery and reintegration into the workplace.

What Are Reasonable Accommodations?

Reasonable accommodations are adjustments or modifications to the work environment or job duties that allow an employee with a disability to perform their essential job functions. These accommodations must not impose an undue hardship on the employer’s business operations. Examples include:

  • Modified Job Duties: Adjusting or removing non-essential tasks that the injured employee cannot perform.
  • Flexible Work Schedules: Allowing for part-time work, adjusted hours, or time off for medical appointments.
  • Workplace Adjustments: Changing the physical workspace to improve accessibility, such as installing ramps or adjustable desks.

Retaliation for Filing a Workers Compensation Claim

Filing a workers’ compensation claim is a fundamental right for employees injured on the job. California law ensures that workers have access to benefits such as medical care, temporary disability payments, and vocational rehabilitation without fear of retaliation from their employer. Unfortunately, some employers may unlawfully punish workers who exercise this right, creating an environment of fear and intimidation.

What Does Retaliation Look Like After Filing for Workers Comp?

Retaliation occurs when an employer takes adverse action against an employee because they filed or intended to file a workers’ compensation claim. Examples of retaliatory actions include:

  • Terminating the employee shortly after the claim is filed.
  • Reducing work hours or demoting the employee.
  • Assigning unfavorable tasks or making the workplace hostile.

Under California Labor Code Section 132a, it is explicitly illegal for employers to retaliate against employees for filing workers’ compensation claims or being injured on the job. Any form of discrimination or retaliation violates this law.

Get Help From Lawyers for Justice, PC

Understanding your rights as an injured worker in California is the first step toward protecting livelihood. Whether it’s accessing workers’ compensation benefits, ensuring reasonable accommodations, or standing up against employer retaliation, the law is on your side. 

At Lawyers for Justice, PC, we are committed to fighting for injured workers and ensuring they receive the justice and compensation they deserve. If you’ve been injured at work or believe your rights have been violated, contact us today at (818) 647-9323 for a free case consultation.

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203