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

There’s no need to fear making a workers’ compensation claim

On Behalf of | Oct 26, 2018 | injured workers' rights

When a person is injured in the working environment and suffers as a result, they often do not take action to recoup the benefits that they are entitled to. This is due to two main reasons: It is likely that they do not know about the compensation that they deserve, or they are fearful about making a claim.

Workers might be fearful of making a workers’ compensation claim because they do not want to suffer retaliation from their employer. If you are concerned about making a workers’ compensation claim, the following are explanations to some of the most common questions.

Could I lose my job if my employer gets angry about my workers’ compensation claim?

The law protects all workers from retaliation after they have made a workers’ compensation claim. Therefore, you will be legally protected from any type of retaliation, including firing and verbal abuse.

Will I be covered if I’m an independent contractor?

Independent contractors are not covered under workers’ compensation. However, it is important to you make sure you are not misclassified. If you have an hourly wage or salary and you have your materials provided, you should probably be classed as an employee.

Will my workers’ compensation claim be a confidential one?

The DWC will take your personal details for administrative purposes only. Therefore, they will not share your information with any other party unless they have been authorized by law.

If you have been injured at work in the state of California, it is important that you stand up for your right to gain workers’ compensation.