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Suing Your Boss for On-The-Job Injuries in California

Find A California Workers' Compensation Lawyer For Work-Related Injuries

Workers' compensation insurance is needed in all workplaces with at least one employee. Thus, everyone who isn't self-employed is covered. Workers' compensation claims are typically submitted, treated, and payments are paid without difficulty.

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What Constitutes A Workers' Compensation Process in California?

The worker's compensation system in California is a no-fault system for injured persons on the job. Whether the injuries are specific, disabling, or disease-related, the injured party's employer is required to pay for worker's compensation insurance so that injured employees are paid for damages in the event of an injury-causing accident.

The no-fault system means that the employee does not have to prove that their injuries are indeed work-related.

This benefits both parties by allowing the employee to get their benefits faster and saves the employer from having to go through a hearing.

Previously, injured employees had to sue their bosses to collect medical costs and lost income. Lawsuits can take months, if not years, to complete. Juries and judges are tasked with determining who was at fault and how much, if any, compensation should be paid. Too often, the injured worker receives no compensation. It was expensive, time-consuming, and unjust.

Workers' compensation is now more efficient and equitable. Workers' compensation pays your medical expenditures and gives money to reimburse your lost income when you are unable to work due to a workplace injury.

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To submit a workers' compensation claim, you do not need to have an attorney, and in many situations, you will not. There is typically no need for legal assistance in small claims such as strains, sprains, cuts, and bruises. Furthermore, even if it is found that you will be permanently disabled, many cases go smoothly with few or no issues and can be managed without the assistance of an attorney.

It is, however, highly possible that you and your employer won't come to an agreeable settlement.

As much as we hope for our bosses to be fair, they or their insurance provider might refuse to pay you what you rightfully deserve. When this happens, you can appeal the final settlement with the help of a California Workers' Comp Lawyer.

A workers' compensation lawyer can assist an injured worker who wants to challenge the insurance companies' initial conclusions. The attorney will file the required documentation with the district appeals offices and present the case in person to obtain the benefits that the worker is entitled to due to their injury.

The attorney also represents people whose benefits have been denied outright, either due to a lack of medical evidence for disability or because of employers' claims that the injury did not occur while they were at work.

People who have been refused benefits from the start or whose benefits are being jeopardized by an employer-driven appeal should immediately consult a California Workers' Comp Attorney.

How Workers' Compensation Proceeds in California

  • Notify Your Boss. For filing a workers' compensation claim, employees cannot be dismissed or otherwise punished. According to California law, this must be done within 30 days of the injury, but it is better if workers inform their employer right away.

  • Consult a physician. Following an emergency department visit, all medical treatment will be administered by a doctor chosen by the insurance company for the worker. This treatment will not be available until all of the relevant paperwork has been completed.

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  • The doctor makes contact with the insurance company. The doctor will eventually give their opinion on the worker's capacity to return to work and any long-term impact the injury may have on the employee's employment prospects.

    • If a worker misses time at work, will continue to miss time at work, or suffers permanent harm, this opinion is given to the insurance company, and payments will begin.

  • Make an appointment with a workers' compensation lawyer in California. After a decision has been made, either the employee or the employer has the opportunity to request a hearing before a local district office. After then, the hearing might be appealed to a local appeals court for review. Individuals should then seek the assistance of a California workers' compensation attorney to pursue their claim.

What Types Of Evidence Do I Need For The Appeal?

You must establish that you are an employee who has been injured as a result of your employment. You might wish to start gathering the following kinds of evidence:

  • Your Contract. Your employment contract explains and breaks down your job responsibilities in great detail. While they don't necessarily indicate that you're in danger, they can be utilized to highlight potentially dangerous tasks.

  • Pay stubs, time cards, and other records from your employees. These records can help you prove your employment relationship with the defendant, whether on paper or in electronic form. These can also be evidence of retaliatory or unjustified deductions, as well as missing Workers' Compensation Benefits.

  • Receipts and medical records. Medical documents can be used to prove the severity of the damage, while bills can be used to show how much your employer must reimburse you.

  • Evidence in the form of photographs and video. Prioritize capturing the incident's aftermath after you've sought medical assistance. You can photograph broken equipment, potential risks on the job site, and personal injuries.

  • Eyewitnesses. Witnesses may be summoned to testify if your claim goes to a hearing. These eyewitnesses could be coworkers, passers-by, or those involved in investigating your report.

The more reliable proof you have, the better. An Employment Attorney in California can assist you in locating records, interviewing witnesses, and conducting more research to support your claim.

Find A Workers' Comp Attorney in California

No win, no fees! Here at, we can help you find a Contingency Lawyer for your Workers' Compensation Lawyer in California. You can complete our submission form for a free case review.


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