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Claiming workers’ compensation as a small business employee

If you work for a small business, you may be concerned about your employer’s reaction if you need to file a workers’ compensation claim.

All employees, no matter the size of the business at which they are employed, have a legal right to file a claim for workers’ compensation. You should never have to suffer financially due to an injury that you suffered in the workplace. Before taking action to file a claim, make sure that you have a good understanding of your rights in California under the law.

Can my employer fire me for seeking workers’ compensation?

All employees who file for workers’ compensation are legally protected from retaliation. If you do become a victim of this type of retaliation, you have the right to take legal action.

Can I sue an employer for a workplace injury?

Workers’ compensation is designed to protect injured employees financially. But, in most cases, it also protects businesses from being sued by their injured employees. Only in certain specific circumstances can employees sue their employer: when the injury was intentional and when the injury was outside the scope of their job.

How much time do I have to file a workers’ compensation claim?

In California, injured workers must give written notice of their work-related injury within 30 days. Their employer must provide them with the appropriate workers’ compensation forms within one day, and the employee has up to one year to file their workers’ compensation claim.

If you have become injured while working for a small business in California, you must assert your rights. By claiming workers’ compensation, you will be able to claim damages for medical costs and lost wages.

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