If you have been injured while at work in California, it is likely that you will have the right to file for workers’ compensation. This is true regardless of whether you are a United States citizen. In the vast majority of cases, undocumented immigrants who are injured in the workplace still have the right to file for damages.
If you have suffered damages such as lost wages, medical bills and you have gone through significant pain as a result of your work injury, you may be wondering how you can take action to successfully claim workers’ compensation. The following is a general overview of the workers’ compensation timeline in California.
Give written notice of your work-related injury
First, and perhaps most importantly, you will need to inform your employer of your injury. If you do not do this within 30 days of the initial onset of your injury, you may not be able to file a workers’ compensation claim. If you are seriously injured, prioritize your health over issues regarding workers’ compensation. However, act as quickly as possible to ensure that your employer is aware of your intentions.
Gain a claim form from your employer
When you have notified your employer of your work-related injury, they will then have the legal obligation to provide you with a claim form within one day. This means that within 24 hours of giving your employer notice of your injury, you should have all the tools and information you need to file a claim.
Take action to file a claim
You have up to one year to file a workers’ compensation claim in California. When filing a claim, you will be able to gain full compensation for all medical care that you needed to receive as a result of your injury. You may also be able to gain temporary disability benefits that will cover at least a portion of the wages that you lost while taking time off to recover. You may also be able to engage in a retraining program if you are unable to continue in your previous role.
If you were injured at work in California, you should not delay taking action to file a workers’ compensation claim.