Workplace Accidents: Understanding Employee Rights to Compensation
Workplace accidents are a risk in any type of job, regardless of whether you work in an industry or not. Even if all you do is sit in an office cubicle all day, accidents can happen.
Therefore, if you have been injured while doing your job in your place of work, you need to know your rights. This article explains what you can do and how to react if an accident happens at work in California.
How Does the Law Define a Workplace Accident?
According to California law, a workplace accident occurs if an employee is unexpectedly physically or medically injured while performing their job duties. These duties may be on the employer’s premises or at a different site where the worker is fulfilling their responsibilities. Meanwhile, a workplace accident is different from an occupational disease; the latter develops years later due to long-term exposure to harmful substances.
A good example of a workplace injury is seen when a worker strains their leg while carrying out their legal duty. However, a janitor who develops a bad back due to years of heavy lifting, causing repeated strain, has suffered an cumulative trauma injury. Every employee must understand the difference while getting acquainted with the company’s legal responsibility.
Available Benefits for Workplace Injuries: What Are Your Rights?
California law mandates every employer to provide compensation for employees’ medical bills and lost wages should a workplace injury occur. However, although large companies can make payments from their funds directly through self insurance plans, small businesses would have to purchase workers’ compensation insurance. Compensation insurance is a different policy from the professional and general liability insurance policies.
More often than not, an employee can still claim workers’ compensation benefits even if their injury was their fault. However, to ensure you can access these benefits, you must have signed the workers’ compensation insurance form your employer required you to sign. Apart from protecting the worker, this insurance also prevents the employee from suing the employee, although not in all cases.
What to Do After a Workplace Accident
Claiming workers’ compensation benefits after a workplace accident in California can be challenging. However, there are certain things one can put in place to ensure everything goes smoothly:
- Report the Accident
Whoever witnessed the workplace accident should tend to the injured employee immediately after finding out what help they need. Then, ensure you report the accident to the manager if they are not already on the scene. When reported, there should be proper documentation of communication and events as they unfolded by the company management for reference purposes.
- Get a Doctor
Next, provide first aid treatment for visible minor injuries, although what appears minor may not be. If you are unsure whether the injuries are minor or not, get a qualified medical practitioner to give a full assessment. Meanwhile, if the employee sustained head injuries, be particularly careful and do not move them until it is medically safe.
- Investigate the Accident
Once you have tended to the injured employee, investigate the accident scene and eliminate any ongoing danger. Next, do a new risk assessment to know what caused the accident, and update your safety guidelines accordingly.
Also Read: How To Select the Best Lawyer for Your Criminal Case
Conclusion
When it comes to filing a claim for workers’ compensation benefits, California puts a clock on it. Generally, victims have a short window to report the accident and must fill out specific documentation. “Taking the right steps after suffering a workplace accident and injury can reduce the challenges associated, making it easier to get the benefits,” says Attorney Scott Silberman.
