Know Your Employment Legal Rights

 If you get hurt on the job, your employer is required by law to  pay for workers’ compensation benefits. You could get hurt by:  One event at work. Examples: hurting your back in a fall,  getting burned by a chemical that splashes on your skin,  getting hurt in a car accident while making deliveries.  —or—  Repeated exposures at work. Examples: hurting your wrist from doing the same motion over and over, losing your  hearing because of constant loud noise.      

You are entitled to the following benefits if you get injured at work:

 • Medical care: Paid for by your employer, to help you  recover from an injury or illness caused by work.

 • Temporary disability benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering. 

• Permanent disability benefits: Payments if you don’t recover completely. 

• Supplemental job displacement benefits (if your date of injury is in 2004 or later): Vouchers to help pay for  retraining or skill enhancement if you don’t recover  completely and don’t return to work for your employer.

 • Death benefits: Payments to your spouse, children or other dependents if you die from a job injury or illness.  

 Report the injury to your employer. 

Tell your supervisor right away. If your injury or illness developed gradually (like tendinitis or hearing loss), report it as soon as you learn or believe it was caused by your job.

 Get emergency treatment if needed 

If it’s a medical emergency, go to an emergency room right away. Your employer may tell you where to go for treatment. Tell the health care provider who treats you that your injury or illness is job-related. 

Fill out a claim form and give it to your employer 

Your employer must give or mail you a claim form (DWC 1) within one working day after learning about your injury or illness. Use it to request workers’ compensation benefits. Get good medical care

 Get good medical care to help you recover. You should be treated by a doctor who understands your particular type of injury or illness. Tell the doctor about your symptoms and the events at work that you believe caused them. Also describe your job and your work environment.    

 It’s illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. If you feel your job is threatened, find someone who can  help. Note that there are deadlines for taking action to  protect your rights.  The California Division of Workers’ Compensation (DWC) is the state agency that oversees the delivery of benefits for injured workers and helps resolve disputes over benefits between injured workers and employers. DWC information and assistance (I & A) officers can help  you navigate the workers’ compensation system, and can  provide claim forms or other forms you need to receive  benefits.   

 A claim in which the insurance company agrees your injury or illness is covered by workers’ compensation. Even if your claim is accepted there may be delays or other problems. Also called admitted claim.  

 A claim in which the insurance company believes your injury or illness is not covered by workers’ compensation and has notified you of the decision.