A workplace injury can be physically painful and emotionally overwhelming, leaving you worried about medical bills, lost wages, and your future. Whether you slipped on a wet floor, hurt your back lifting heavy equipment, or suffered from repetitive strain, knowing your rights and taking swift action with a workplace injury lawsuit can make all the difference. Here’s a step-by-step guide to protect yourself and seek the compensation you deserve after being injured on the job.

Understanding Workplace Injury Lawsuits

Workplace injuries can happen in any workplace—construction, office work, retail, or healthcare. Common injuries include sprains, fractures, cuts, or even chronic conditions from repetitive tasks. Most employers are required to carry workers’ compensation insurance, which covers medical costs and partial lost wages, regardless of who was at fault. However, navigating the system can be tricky, and some employers or insurers may try to deny or minimize your claim.

Steps to Take After a Workplace Injury

If you’re injured on the job, follow these steps to safeguard your health and legal rights:

1. Seek Medical Attention Immediately: Your health comes first. Visit a doctor or emergency room, even if the injury seems minor. Medical records will link your injury to the workplace and document its severity.
2. Report the Injury to Your Employer: Notify your supervisor or HR in writing as soon as possible—most states require reporting within 30 days, but sooner is better. Include details like the date, time, and how the injury happened.
3. Document Everything: Take photos of the injury and the accident scene (e.g., a spilled liquid or broken equipment). Keep a record of all medical visits, treatments, and expenses. Note any witnesses who saw the incident.
4. File a Workers’ Compensation Claim: Your employer should provide forms to start a workers’ comp claim. Follow their instructions, but don’t be discouraged if the claim is delayed or denied—denials are common and can be appealed.
5. Consult an Attorney: If your claim is denied, your injury is severe, or your employer retaliates (e.g., fires you for reporting), a workers’ compensation lawyer can help. They can also explore other claims, like third-party liability if someone outside your employer caused the injury (e.g., a defective machine).

Common Challenges in a Workplace Injury Lawsuit in California

• Claim Denials: Insurers may argue your injury wasn’t work-related or isn’t serious.
• Retaliation: Some employers discourage claims or punish workers for filing them, which may violate laws like those under the Fair Employment and Housing Act (FEHA) in California.
• Insufficient Benefits: Workers’ comp may not cover all losses, especially pain and suffering.

An attorney can help you appeal denials, fight retaliation, or pursue additional compensation if a third party was negligent.  For FAQs about workplace injury claims in California see the site of the Division of Workers Compensation in the CA Dept. of Industrial Relations (DIR)

Act Quickly to Protect Your Rights

Workers’ compensation deadlines vary by state—often 30 days to report and 1-2 years to file a claim. In California, you generally have 30 days to report a workplace injury to your employer and one year to file a claim. For cumulative injuries, the “discovery rule” applies, so the timeline begins when you become aware of the condition caused by your job. Missing these deadlines can result in the loss of your right to workers’ compensation benefits. Waiting too long can bar you from benefits. Evidence like witness statements or photos can also fade, so act fast.

We’re Here to Support Your Recovery

A workplace injury shouldn’t leave you struggling alone. Whether you’re facing a denied claim or need help navigating workers’ comp, our experienced team is ready to fight for your rights. Contact the law offices and Cohen & Cohen today for a free consultation to discuss your case and learn how we can fight for the compensation you deserve.