Will I get in trouble for filing a claim?
If you were injured at work, California law states that you can make a claim for workers' compensation. Employer retaliation is illegal.
What is employer retaliation?
Employer retaliation happens when your employer treats you unfairly because you made a claim for workers' compensation benefits. Unfair treatment could include unwarranted firing, reduction in pay, significantly changing your job duties or being demoted, unjustified poor performance reviews, not holding your job for you or any type of harassment. Unfair treatment is illegal under the law.
What can I do if my employer retaliates?
An attorney can help protect your rights against retaliation, including understanding the California labor laws and bringing actions against your employer for unfair treatment and discrimination.
What if my claim is denied?
You can take your employer to court. In California, this involves several steps:
Filing an application for adjudication of a claim
Filing a declaration of readiness to proceed
Notifying all parties of your intent
After that, your case will be scheduled for a settlement conference where you will meet with your employer to discuss your workers' comp claim. An attorney can represent you in these proceedings and assist you in defending your position.
What does workers' compensation cover?
Workers' compensation is designed to protect people who are injured at work. The coverage includes several items such as:
Medical bills
Lost wages
Partial or permanent disability
Retraining
Death benefits such as funeral expenses for losing a loved one
What can an attorney do for me?
If you were injured at work, an attorney can assist you with several things, including:
File for benefits and any necessary documents
Ensure that all deadlines are met
Communicate about your case with your employer
Defend your rights against unfair treatment
Prepare for trial, if necessary
Make An Appointment To Discuss Your Claim
To speak with one of our qualified attorneys, call us at 530-241-5811. You can also email our office in Redding to tell us about your workers' compensation claim. Our experienced lawyers have assisted clients needing legal advice since 1959.