San Diego Workers' Compensation Lawyers

California’s workers’ compensation statute is a no-fault system for illnesses or disabilities brought on by or related to your employment. An employer must get workers’ compensation insurance to protect all employees. Some people don’t retain legal representation to file a claim but remember that your employer and the insurance company will likely have legal representation. Contact one of our San Diego workers’ compensation lawyers if there is a disagreement regarding what led up to the injury. 

Employer’s Duty to Provide a Safe Workplace

California Occupational Safety and Health Act of 1973

This Act mandates that every business in California establish and keep a safe and healthy workplace. California workplaces must have a documented comprehensive Injury and Illness Prevention (IIP) program as of 1991. 

This guidebook outlines the duties of employers in creating, implementing, and sustaining an IIP Program. It also guides the creation of an effective program that helps ensure employees’ health and safety at work. 

California Labor Code

The California Labor Code Section 3700 mandates that all companies in California offer workers’ compensation coverage if it has one or more employees. It is illegal not to have workers’ compensation insurance. 

It is a misdemeanor under Section 3700.5 of the California Labor Code to not have workers’ compensation coverage. This crime carries a maximum sentence of a year in county jail and a $10,000 fine. Under California law, an employer found not to have workers’ compensation coverage cannot employ staff until this coverage is in place. 

An employer should also ensure that you feel safe enough to claim workers’ compensation. An employer who “in any manner discriminates” against a worker who requests workers’ compensation benefits “is guilty of a misdemeanor,” according to Labor Code Section 132(a), and may be subject to significant financial consequences, including up to $10,000 in additional workers’ compensation benefits payable to the affected worker. 

Discrimination doesn’t have to be termination. A salary reduction or change of duties may also be instances of discrimination.

The law is on your side, and so are we. If you think you have been penalized for making a worker’s compensation claim, schedule a free consultation with a San Diego workers’ compensation lawyer at D’Egidio & Pedroza Injury Attorneys. You only have one year to take action, so see us as soon as possible. We will need to spend time amassing evidence in support of your workers’ compensation claim.

Types of Workers’ Compensation Injuries

A disease or personal injury developed due to or while working for a company is considered work-related. In other words, you could be eligible for compensation if a sickness or accident occurred at work. This covers psychiatric injuries and diseases or injuries that your job exacerbated or partially caused. 

However, there are certain exceptions to this general norm. You are not eligible for workers’ compensation payments if your workplace injury or sickness was brought on by self-infliction, resulted from a fight you began, was brought on by drug or alcohol intoxication, or occurred while you committed a crime. Speak to a San Diego workers’ compensation lawyer about the events that led to your workplace injuries.

Steps to Take After a Work Injury

1. As soon as possible after the injury, you should inform your employer. Under California law, you have 30 days to report an injury to your employer. Your employer can be exempt from paying workers’ compensation claims if you miss your deadline to report.
2. Seek medical treatment. Depending on the accident or injury severity, you may want to see a doctor first. The MPN, or medical care network, that a corporation utilizes to treat injured workers must be disclosed to employees. When you speak to the doctor, clearly state that the injuries were caused by work activity.
3. Fill out the claim form and submit it. According to California law, companies must provide employees with a claim form within one day of an injury report. Please fill this out as soon as possible, then give it back to your employer.
4. Speak with a San Diego workers’ compensation lawyer. Workers’ compensation attorneys can guarantee that you receive the entire range of benefits to which you are legally and proportionately entitled, even though some cases are handled fairly.

Contact a San Diego, CA Workers’ Compensation Lawyer

An experienced attorney can make a huge difference when going up against a big corporation in getting temporary disability benefits or obtaining workers’ compensation benefits. Give yourself the best chance of success by retaining a San Diego workers’ compensation lawyer from D’Egidio & Pedroza Injury Attorneys. Schedule a free case review with us so we can start on your workers’ comp claim as soon as possible.