Workplace Injury Lawyers in California
Quick Answer
Workplace injuries in California can result from accidents, repetitive tasks, or hazardous conditions. Injured employees may receive workers' compensation benefits for medical expenses, lost wages, and rehabilitation. Workers' compensation is usually the only claim against the employer itself, but it is illegal to fire or punish you for reporting an injury or filing a claim. Lawyers for Employee and Consumer Rights (LFECR) reviews how the injury occurred, investigates potential liability, and evaluates whether additional legal action against an employer or third party may be appropriate. Employees should report injuries promptly and seek medical attention when needed.
Were you hurt at work, resulting from accidents, repetitive tasks, or hazardous conditions?
A workplace injury can have significant legal implications, and understanding your rights is crucial in such situations. LFECR helps injured California employees understand how workers' compensation works, protect their jobs, and take action when an employer retaliates, refuses reasonable accommodations, or denies protected leave after an injury.
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Workplace Injury
When an injury occurs on the job, employees are entitled to workers' compensation benefits, which cover medical expenses, lost wages, and potentially even rehabilitation costs. California's workers' compensation system is no-fault: you can generally receive benefits even if you made a mistake, and you do not have to prove your employer was careless.
The same system also limits lawsuits. In most cases you cannot sue your employer for negligence, even if unsafe conditions caused your injury. There are important exceptions, and a separate lawsuit may be possible against someone other than your employer, such as a negligent driver or the maker of defective equipment. We work diligently to assess the circumstances surrounding how you were injured at work and whether your employer has respected your rights since.
What Should You Do After a Workplace Injury in California?
Get medical care first, then report the injury to your employer in writing as soon as possible. Waiting can cost you benefits. These steps protect both your health and your rights:
- Get medical attention. In an emergency, call 911 or go to the emergency room and tell the staff the injury happened at work.
- Report the injury to your employer within 30 days. Put it in writing and keep a copy. If a condition developed gradually, report it as soon as you learn it may be job-related.
- Ask for a claim form. Your employer must give you a workers' compensation claim form within one working day of learning about an injury that needs more than first aid. Fill it out and return it.
- Document what happened. Write down the date, time, place, witnesses, and how the injury occurred. Take photos of the area or equipment if you can do so safely and lawfully.
- Keep copies of everything. Save medical records, claim paperwork, work restrictions, and messages with your employer.
- Watch for changes at work. Note any discipline, schedule cuts, or pressure to drop your claim after you reported.
- Get legal advice if something goes wrong. An attorney does not replace medical care or the reporting process, but can help if your employer resists, retaliates, or refuses to let you return.
California Personal Injury Attorney
Workplace injuries can encompass a wide range of situations that result in harm to employees while performing their job duties.
Some workplace injury examples include:
- Slips, Trips, and Falls: Accidents caused by wet floors, uneven surfaces, or cluttered pathways leading to injuries like broken bones or sprains.
- Repetitive Strain Injuries: Conditions like carpal tunnel syndrome resulting from repetitive tasks or improper ergonomics.
- Machine Accidents: Injuries caused by the improper use of machinery or equipment, such as getting caught in moving parts.
- Falling Objects: Items falling from shelves or heights that can cause head injuries, concussions, or fractures.
- Electrical Accidents: Injuries caused by exposed wires, faulty equipment, or electrical shocks.
- Vehicle Accidents: Injuries sustained while driving for work, such as making deliveries or traveling between job sites. Ordinary commutes to and from work are usually not covered.
- Chemical Exposure: Illnesses or injuries resulting from exposure to hazardous chemicals or toxins in the workplace.
- Construction Site Accidents: Falls from scaffolding, collapsing structures, or other accidents on construction sites.
- Workplace Violence: Injuries caused by physical assaults by coworkers, customers, or others at work.
- Burns: Injuries from hot surfaces, chemicals, or fires.
- Lifting and Straining: Injuries from lifting heavy objects improperly, leading to back strains or hernias.
- Exposure to Noise: Hearing loss due to prolonged exposure to loud noises without proper protection.
- Occupational Illnesses: Conditions that develop over time from the work itself, such as lung disease from dust or fumes, or heat illness.
It's essential for employers to maintain safe working conditions, provide proper training, and adhere to safety regulations to prevent these types of workplace injuries. In the event of a workplace injury, employees should report the incident promptly and seek medical attention, as needed.
Call LFECR for the workplace injury advocacy and protection you'll need.
What Does California Workers' Compensation Cover?
Workers' compensation pays for the medical care you need for a job injury or illness and partially replaces wages you lose while recovering. The main benefits are:
- Medical treatment, paid by the employer, whether or not you miss work
- Temporary disability, partial wage replacement while you cannot work, generally about two-thirds of your average weekly wages within state limits
- Permanent disability, if the injury leaves a lasting impairment
- Supplemental job displacement benefits, help with retraining if you cannot return to your job
- Death benefits for dependents of a worker who dies from a job injury
Workers' compensation does not pay for pain and suffering or punitive damages.
Can You Sue Your Employer for a Workplace Injury?
Usually not. Under
California Labor Code Section 3602, workers' compensation is generally the exclusive remedy against your employer, even when the employer was negligent. The law makes narrow exceptions, such as when:
- Your employer willfully and physically assaulted you
- Your employer fraudulently hid the injury and its connection to work, making it worse
- The injury was caused by a defective product your employer made and sold to others
- Your employer did not carry required workers' compensation insurance
- In certain cases, your employer removed a required safety guard from a power press
If your employer's serious and willful misconduct caused the injury, your workers' compensation benefits can be increased by 50 percent, but that is handled inside the workers' compensation system, not as a separate lawsuit.
When Can You File a Third-Party Workplace Injury Lawsuit?
When someone other than your employer caused or contributed to the injury. Filing for workers' compensation does not stop you from suing that other party. Common examples include:
- A negligent driver who hit you while you were driving for work
- The manufacturer of a defective ladder, machine, or safety device
- A different contractor or subcontractor on a shared job site
- A property owner whose dangerous premises caused the injury
Unlike workers' compensation, a third-party lawsuit can include pain and suffering. Your employer or its insurer may be entitled to be repaid for benefits it already paid. Whether a third-party claim exists depends on the specific facts.
What Happens If Your Employer Does Not Have Workers' Compensation Insurance?
California requires almost every employer to carry workers' compensation coverage, even with only one employee. If your employer did not, you may sue the employer directly for damages, as if the workers' compensation system did not apply. A state fund may also pay certain benefits when an employer is illegally uninsured. Workers who were wrongly labeled independent contractors often discover this problem after an injury. See our page on misclassification of employees.
Can Your Employer Fire You for Reporting a Workplace Injury?
No. California Labor Code Section 132a makes it illegal to fire, threaten, or discriminate against an employee for filing, or saying they plan to file, a workers' compensation claim. A successful 132a claim can increase your benefits by 50 percent, up to $10,000, and entitle you to reinstatement and lost wages and benefits. These claims are filed within the workers' compensation system.
Other protections may also apply. Complaining about unsafe conditions is protected under California's workplace safety laws, and firing someone because of a work-related disability can be disability discrimination. Learn more about retaliation for workers' compensation claims.
What If Your Employer Refuses to Let You Return to Work?
You do not have an automatic right to your exact job in every case, but your employer cannot simply shut you out. If your injury limits what you can do, California law generally requires the employer to engage in a good-faith interactive process and provide a reasonable accommodation, such as modified duties, a schedule change, or extra time off, unless doing so would cause undue hardship. You may also be entitled to job-protected FMLA or CFRA leave. Refusing to bring you back without exploring these options can lead to wrongful termination or discrimination claims.
How Much Compensation Can You Receive for a Workplace Injury?
It depends on which claim applies. Workers' compensation benefits are set by formulas based on your wages and the severity of your injury, and they do not include pain and suffering. A civil claim, such as a third-party lawsuit or an employment claim for retaliation or discrimination, can include other damages, such as lost earnings, emotional distress, and in some cases punitive damages. No one can honestly promise a specific amount at the start of a case.
How Long Do You Have to Report a Workplace Injury or File a Claim?
The deadlines are different for each step:
- Report the injury to your employer: within 30 days
- File a workers' compensation claim: generally within one year of the injury or the last benefit provided
- Retaliation under Section 132a: often within one year of the retaliatory act
- Discrimination or failure to accommodate: a complaint with the Civil Rights Department, generally within three years
- Third-party injury lawsuit: often two years from the injury
See our guide to employment claim deadlines. Because the deadlines differ, get advice early.
Frequently Asked Questions About Workplace Injuries
My boss told me not to report my injury. Is that legal?
No. Discouraging or preventing an employee from reporting a work injury is a serious problem, and punishing you for reporting or for filing a claim is illegal. Report the injury in writing anyway, keep a copy, and write down what your boss said and when.
Can I still get workers' compensation if the accident was my fault?
Usually, yes. California workers' compensation is a no-fault system, so ordinary carelessness on your part generally does not prevent you from receiving benefits. Narrow exceptions exist, such as injuries caused by intoxication or intentionally self-inflicted injuries.
Can I get workers' compensation if I was paid as an independent contractor?
Possibly. If you were misclassified and were legally an employee, you may be entitled to workers' compensation. If your employer has no coverage because it treated you as a contractor, you may have a direct claim against it. See independent contractor misclassification.
Am I covered if I got hurt driving to work?
Usually not for an ordinary commute to and from your regular workplace. Injuries while driving as part of your job, such as deliveries, travel between job sites, or errands for your employer, are generally covered.
Can I be fired while I'm on workers' compensation?
Not because of the injury or the claim. An employer may still make legitimate decisions unrelated to your claim, but firing you for filing, or because of a work-related disability without trying to accommodate you, can violate California law.
Do I need a lawyer after a workplace injury?
Not always. Many straightforward claims move forward without one. It makes sense to talk to an attorney if your claim is denied, your employer retaliates, you are not allowed back to work, or someone other than your employer may be responsible.
How LFECR Helps Injured California Workers
Lawyers for Employee and Consumer Rights is an employee-side employment law firm founded in 2015 and based in Burbank. We represent injured workers in all 58 California counties when an injury turns into an employment problem: retaliation for reporting an injury or filing a claim, disability discrimination and failure to accommodate, denied or interrupted medical leave, and wrongful termination. We also review how the injury happened and whether other claims may be available. We never represent employers, and we handle cases on a contingency basis, so you pay no attorney's fees unless we recover for you. Our team assists clients in English and Spanish.
Learn more about our firm.
Our Process:
- Call LFECR or fill out the form after hours.
- When you call Lawyers for Employee and Consumer Rights, do not be alarmed if you’ll need to share your story several times with our legal team.
- You’ll first speak with a Case Evaluator, who is collecting information that they will share with one of our Personal Injury Attorneys.
- We’ll explain the legal process and guide you along the way – as it’s our job to collect as much information we can so we can get you the justice you deserve. Call us today.
Talk to a California Workplace Injury Lawyer Today
If you were hurt at work and your employer is pushing back, cutting your hours, refusing to accommodate you, or has let you go, you do not have to sort it out alone. The information on this page is general and is not legal advice about your situation.
Contact Lawyers for Employee and Consumer Rights for a free, confidential case review. We will listen to what happened, explain your rights, and help you decide on next steps.
