Like many in California, you may be grateful for your job. Yes, it is hard work, and many days you go home bone tired. But your paycheck helps to feed and provide for your family, and you certainly know many people who don’t have that blessing in their lives.
You may also know people who have suffered accidents, injuries, and illnesses due to their jobs. In reality, you may also be aware of families that are grieving the loss of a loved one who died in a work-related accident. Accidents happen daily in the workplace, and your industry or working conditions may leave you particularly vulnerable to serious or deadly injuries.
Startling Data About Workplace Accidents in California
A recent report from Worksafe, a California-based organization that advocates for the health and safety of workers, demonstrates the frequency of workplace injuries across the state. However, just because injuries are common doesn’t mean that they are acceptable. In fact, the loss of even one life in a preventable workplace accident is intolerable. This is why you may find the following results of the study so upsetting:
- In one year, 388 California workers died from injuries suffered in workplace accidents.
- More than one person died on the job each day that year.
- The rate of fatal workplace accidents rose 10 percent from the previous year.
- Thirteen people die every day in job-related accidents across the country.
- The rate of deaths in agricultural jobs skyrocketed from 8.2 to 17.1 fatalities in one year.
- In the same year, fatal construction accidents rose 34 percent, which is the industry’s highest rate in the past decade.
- Forty-six percent of all fatalities are Latino workers, even though only one-third of workers in the state are Latino.
The data used in the report is from information collected by the U.S. Bureau of Labor Statistics in cooperation with the California Department of Industrial Relations during 2015.
Why Workplace Injuries Often Go Unreported
You have likely been on the job when a co-worker becomes injured in some way but, for whatever reason, fails to report the injury. You may have done the same thing, shaking off a potentially serious injury and trying to work through the pain. Perhaps you know of an injured worker who didn’t want the hassle of going through workers’ compensation, or maybe the worker was afraid of how reporting the injury would affect their status as an immigrant in the country.
Researchers estimate that approximately two-thirds of all injured workers fail to report their injuries, resulting in statistics related to employment health and safety that may be significantly underestimated. Still, if you are injured on the job, you have the right to compensation for your medical bills and lost wages. No matter your situation or status in this country, you can find assistance and advice from a compassionate attorney.
Workers’ Compensation Rights in California
Under California law, nearly all employers are required to carry workers’ compensation insurance to protect employees who suffer work-related injuries or illnesses. This requirement is outlined in California Labor Code § 3700, which ensures that workers have access to medical and financial support after an accident.
Workers’ compensation coverage ensures that injured employees receive:
- Payment for medical treatment and rehabilitation.
- Temporary disability benefits when workers cannot return to their job for a limited period.
- Permanent disability benefits when an injury leaves a lasting impairment.
- Wage replacement for lost income during recovery.
- Death benefits for surviving dependents of workers killed on the job.
The Division of Workers’ Compensation (DWC) administers these claims and oversees disputes between employees, employers, and insurance carriers.
It is also illegal for an employer to retaliate against an employee who reports a work injury or files a workers’ compensation claim. California has strict anti-retaliation protections, and workers who face termination, demotion, or intimidation after filing may have additional legal claims against their employer.
Immigrant workers, regardless of documentation status, are also entitled to workers’ compensation benefits under California law.
High-Risk Industries in California
While injuries can occur in any workplace, certain industries experience higher rates of fatal and non-fatal accidents. These include:
- Agriculture – machinery accidents, exposure to chemicals, heat illness.
- Construction – falls, electrocutions, struck-by accidents, trench collapses.
- Manufacturing and Warehousing – heavy equipment injuries, repetitive strain injuries.
- Transportation and Trucking – vehicle accidents, fatigue-related injuries.
- Healthcare – lifting injuries, workplace violence, exposure to infectious diseases.
In addition to these industries, gig economy workers such as rideshare drivers and delivery couriers face heightened risks on the road, often without the same workplace protections. Temporary and union workers may also encounter barriers when reporting injuries.
Occupational Illness and Psychological Injury Claims
Workplace injuries are not limited to sudden accidents; they can also result from repetitive tasks. California workers’ compensation law also covers:
- Occupational illnesses such as repetitive stress injuries, respiratory conditions, and toxic exposure.
- Psychological and mental health claims, including stress-induced disorders, anxiety, depression, and post-traumatic stress disorder (PTSD) that result from workplace trauma or unsafe conditions.
These types of claims can be more challenging to prove, but they are recognized under California law when supported by medical evidence.
Employer Responsibilities and Safety Standards
Employers in California must do more than just provide workers’ compensation insurance. They are legally required to maintain a safe workplace under the California Division of Occupational Safety and Health (Cal/OSHA). This includes:
- Providing safety training in a language workers understand.
- Inspecting and correcting hazardous workplace conditions.
- Supplying necessary protective equipment.
- Reporting serious injuries, illnesses, or deaths to Cal/OSHA immediately.
Employers who fail to meet these obligations may face regulatory penalties and, in some cases, lawsuits for negligence if workers are harmed.
What to Do If You Are Injured at Work
If you are injured on the job in California, take the following steps immediately:
- Report the injury to your employer as soon as possible.
- Seek medical attention and follow treatment instructions.
- File a workers’ compensation claim form (DWC-1) provided by your employer.
- Document the incident and keep records of all medical treatment and lost wages.
- Consult with a workers’ compensation attorney if your claim is denied, delayed, or if you face retaliation.
If your claim is denied, you have the right to file an appeal with the California Workers’ Compensation Appeals Board (WCAB). An experienced attorney can guide you through this process.
Why Hire a Workers’ Compensation Attorney in California?
Although workers’ compensation laws are designed to protect employees, the reality is that many workers face obstacles when filing claims. Insurance companies may try to minimize payouts, delay claims, or deny benefits altogether. Employers may pressure employees not to report injuries or retaliate against them after they have filed a report.
A skilled workers’ compensation attorney can:
- Ensure your claim is filed correctly and within deadlines.
- Collect medical and employment evidence to strengthen your case.
- Represent you in appeals and hearings before the WCAB.
- Protect yourself against employer retaliation.
- Maximize your benefits, including permanent disability and future medical care.
At Hussain & Gutierrez, we specialize in helping injured workers fight for the full benefits they are entitled to under California law.
FAQs About Workplace Accidents in California
What benefits can I get from workers’ compensation in California?
Workers’ compensation may cover medical expenses, temporary or permanent disability benefits, lost wages, rehabilitation, and death benefits for surviving family members.
Can undocumented workers file for workers’ compensation in California?
Yes. California law protects all workers, regardless of immigration status. Employers cannot deny benefits based on documentation.
How long do I have to file a workers’ comp claim in California?
Generally, you must report your injury within 30 days and file your workers’ compensation claim within one year of the injury.
What happens if my employer does not have workers’ compensation insurance?
If your employer is uninsured, you may still file a claim through the California Uninsured Employers Benefits Trust Fund (UEBTF), which provides benefits to injured workers in these situations.
What if my claim is denied?
You can appeal the decision through the Workers’ Compensation Appeals Board. An attorney can help present your case and advocate for your benefits.
Do I need an attorney to file for workers’ compensation?
While you can file on your own, an experienced workers’ compensation attorney can protect your rights, especially if your claim is denied or disputed.
Get Legal Help
If you or a loved one has been injured in a workplace accident, don’t delay seeking the help you deserve. Contact Hussain & Gutierrez today for a consultation. Our team is dedicated to protecting California workers and ensuring you receive the full benefits available under the law.
