subject: California Workers' Compensation Claims - Report Your Injury [print this page] Under California's workers' compensation laws, injured workers must follow very strict rules for reporting their work injuries and to do so within certain strict time limits. Failure to follow these rules carefully could result in an automatic denial of an injured worker's work comp claim.
You've been hurt at work, or maybe you just suspect that you might have been hurt on the job but are not certain. Now what are you supposed to do? First and foremost, tell someone of authority at work right away. This can be a foreman, a supervisor, a manager, or anyone higher up than you in the company. Even if you merely suspect that you may have suffered an injury while at work but are not certain of that, report it, just to be safe. Usually, co-workers who rank equal to or below you in the company do not count for the purpose of making a valid report of a work injury.
In California, if you fail to report your injury within 30 days of a specific injury or from when you first noticed a cumulative injury caused by your work, and your failure somehow prevents your employer from properly investigating the injury, you may be denied worker's compensation benefits.
Another purpose of reporting an injury or a possible injury is to put your employer "on notice." It gives them notice, or tells them that you might have a worker's compensation claim. This is important because worker's compensation claims are not allowed if they are filed after a layoff or termination. If you just happen to get laid off or terminated before you file your worker's compensation claim, your claim will be barred.
There is an exception for filing a late or post-termination claim, however. If you gave your employer notice of your injury or possible injury before you were laid off or fired, you can still file your actual claim even after the layoff or termination.
Be careful, a tactic used commonly by employers in an attempt to avoid having to deal with workers' compensation claims is to lay off the worker, claiming a sudden lack of work. In fact, it is unlawful for an employer to layoff or terminate an injured worker as retaliation for the filing of a worker's compensation claim. If this has happened to you, you may have the right to seek additional claims or penalties against your employer.
DISCLAIMER: Please keep in mind that this article is intended for informational purposes only and does not constitute legal advice. You are expressly advised to seek legal counsel if you have questions about your particular workers' compensation claim.
by: David Park
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