Experiencing an injury at your place of employment can be overwhelming. Not only are you trying to rest and heal, but you have to research your legal rights as an employee and make sure you’re staying legally compliant with the workers’ compensation process. Unfortunately, it’s common for there to be wage and hour violations after an Orange County workplace injury. Knowing what to do next can help protect you.
Hire a Workplace Injury Lawyer to Represent Your Case
The team at Canlas Law Group has spent years helping our California neighbors and community members stand up to injustices. We know how nerve-wracking it can be to pursue a legal case, especially one related to your livelihood. Our lawyers are here to offer an extra layer of protection during legal proceedings.
We work with your needs and desires, and create a custom legal strategy based on what you tell us. Let’s work together to resolve your case so that you can move forward in life.
Your Legal Rights as a California Employee
In 2023, 64,600 workers were living in Costa Mesa. Some of the top employers in Orange County include PacifiCare Health Systems, Providence Hospitals, the University of California, and Experian Information Solutions. In 2023, there were 472,500 cases of illnesses and injuries in the California workplace. Of these:
- 97,100 workplace incidents occurred in trade, transportation, and utilities.
- 87,600 workplace incidents occurred in the local government.
- 77,800 workplace incidents occurred in goods-producing industries.
- 77,300 workplace incidents occurred in education and health services.
Knowing your legal rights as a California worker is key to protecting yourself. Injured California workers are entitled to receive certain workers’ compensation benefits. These are:
- Partial wages. These begin two weeks after you first take time off work for your recovery process. They are two-thirds of your average weekly wage and are paid to you biweekly until you’re able to return to work.
- Medical treatment, including doctor and hospital visits, medical supplies and devices, medications, travel costs related to medical care, and home health visits, if applicable
To receive these benefits, you’ll need to report your injuries to your employer within 30 days of the incident, both verbally and in writing. If you don’t, you won’t be able to receive workers’ compensation benefits. If there’s any discrepancy between your wages and your injury, hire a workplace injury lawyer to review your case and see what can be done.
Evidence to Gather for Your Wage Theft Case
Often, violations of worker rights are done subtly in order to avoid detection. Victims are often manipulated or pressured into questioning their reality. If you suspect you’ve been a victim of wage theft, the first step is to contact a lawyer to review the situation. They’ll be able to help you file a wage claim with the Labor Commissioner’s Office, located at 2 MacArthur Place in Santa Ana.
From there, the Labor Commissioner’s Office will investigate your claim and see if your employer violated your rights. If they did, a settlement meeting would be scheduled with you, your attorney, and your employer to discuss a resolution to the issue.
If you and your employer can’t agree, then the case will be scheduled for a hearing before a hearing officer, who will decide the outcome of your wage claim. In order to effectively prove you’ve been a victim of wage theft, you’ll need extensive evidence. This can include:
- Documentation related to your pay, such as past pay stubs
- Documentation about the hours you’ve worked, such as a record of your timecards, your calendar, building entry records, or notes you’ve kept
- Written communication between you and your employer
- Employer policies or handbooks
- Testimony from anyone who witnessed the wage theft happen, such as you being pressured or told to work off-the-clock
- Surveillance footage of you not being allowed to take breaks, if applicable
- Receipts related to business expenses that you were not reimbursed for, if applicable
FAQs About Orange County, CA Workplace Injury Wage and Hour Violations
Can an Employer Reduce Pay or Withhold Wages After an Employee Is Injured at Work?
An employer cannot reduce pay or withhold wages after an employee is injured at work. However, this can be confused with the official legal timelines and laws regarding workers’ compensation pay. Remember, your partial wages won’t begin until two weeks after your first day of taking time off work to recover. The wages are reduced to two-thirds of your average weekly pay. However, if they are lower than two-thirds or are delayed longer than two weeks, consult a lawyer.
Can I Be Fired for Taking Time Off Work After a Workplace Injury?
In California, you cannot be fired for taking time off work after a workplace injury. This act would be called retaliation and is illegal in California. Other acts of retaliation can look like threats, reduced pay, demotion, being skipped for promotions, being excluded from work activities, reduced work hours, and more. If you suspect you’ve been a victim of retaliation, you’ll want to reach out to Canlas Law Group to discuss your legal options.
What Is the Deadline to File My Wage Theft Claim in California?
There are several deadlines for filing a wage theft claim in California. If the penalty was regarding a bounced check or not allowing you access to payroll or personnel records, you have one year to file a claim. If the violation was regarding minimum wage, overtime pay, unpaid meal and rest breaks, sick leave, unlawful pay deductions, or unpaid business expense reimbursements, you have three years to file a claim.
What Do I Do if My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, you have the right to file an appeal. Your claim may be denied if your employer or their insurer believes your injury wasn’t related to work. Once your appeal is filed, your case will be assigned to a hearing judge. You’ll first meet with your attorney and the insurance company in a settlement meeting to discuss payment. If you can’t agree, then the case will be decided by the hearing judge.
Choose a Skilled Employment Lawyer From Canlas Law Group to Advocate for You
Reach out to Canlas Law Group today to learn how our attorneys can help you during this difficult time. We offer confidential consultations at our office in Cerritos. Our firm represents clients living in Los Angeles County, Orange County, San Bernardino County, and throughout Southern California.
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