Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Will I lose my job if I report a workplace injury?

On Behalf of | Apr 17, 2018 | Blog

If you have suffered an injury on the job, you may be wondering if you should file a workers’ compensation claim. Especially if you feel your injury is relatively minor, you might be thinking about not pursuing a claim for a variety of reasons, including the fear that it could affect your employment.

Injured workers in the state of California are protected under the law. Among the rights protected is the right to pursue workers’ comp for workplace injuries without facing retribution. You should not let fear of losing your job prevent you from filing a workers’ compensation claim.

California workers’ compensation law

In California, there is a strong history of workers’ rights efforts, and the law protects injured workers with workers’ compensation benefits. The California Workers’ Compensation Act requires employers to provide insurance that will cover expenses resulting from a workplace injury, such as medical expenses and lost wages due to time off work during recovery from the injury. Although workers are protected with these benefits, the fear of losing a job can weigh heavy and sometimes prevent people from reporting injuries. If you are in this situation, you should know that not only are you protected under the law, but you are also required to report the injury within 30 days. The State of California’s Department of Industrial Relations provides information stating that if you do not report within 30 days, you could lose your right to compensation.

When an attorney can help

Many workers have other questions beyond the fear of losing their job. They want to know how to recover lost wages due to missed days at work, and how to deal with the insurance company to cover their injuries. Sometimes these tasks can feel like an uphill battle or produce conflict that becomes difficult to resolve alone. If your employer is being difficult and not helping you with your claim, or even going to far as to somehow threaten your employment due to the claim, this further complicates your right to the compensation you deserve. In these cases, a workers’ compensation lawyer can be an excellent choice to help you move forward with your case and pursue the resolution you are looking for.