From missing work and juggling doctor’s appointments to figuring out how you’ll cover your bills. Getting hurt on the job can turn your entire routine upside down. The good news is that you may be entitled to workers’ compensation benefits that cover your medical treatment and lost income. But getting those benefits isn’t always automatic, and it’s not uncommon for claims to get delayed or denied.
Navigating the process alone can be frustrating, especially when you’re trying to focus on recovery. A work comp attorney in Sacramento is who you need to get your claim approved and ensure you’re treated fairly from the start. This guide will walk you through your key rights after a workplace injury and what to do if those rights aren’t being respected.
The Right to File a Workers’ Compensation Claim
If you’re injured on the job, you have the right to file a workers’ compensation claim, no matter who was at fault. Your employer cannot legally prevent you from doing so, and you don’t have to prove negligence to qualify for benefits. It’s important to report the injury as soon as possible and follow any reporting procedures your workplace requires.
Even if the injury seems minor at first, filing a claim preserves your rights in case symptoms get worse later on. Keep written records of the incident and any communication with your employer. Filing a claim sets the legal process in motion and helps ensure you get access to the medical care and benefits you’re entitled to under state law.
The Right to Medical Treatment
As an injured worker, you’re entitled to receive medical care for your work-related injury or illness. This includes doctor visits, surgeries, physical therapy, prescriptions, and any other necessary treatments. Depending on your employer’s insurance plan, you may be required to see a provider within an approved medical network, at least initially.
You should never have to pay out-of-pocket for approved treatment related to your workplace injury. If medical care is being delayed, denied, or limited unfairly, that’s a red flag – and a reason to speak to an attorney who can intervene on your behalf.
The Right to Be Free from Retaliation
You are protected by law from retaliation after filing a workers’ compensation claim. Your employer cannot demote, fire, harass, or otherwise penalize you for asserting your rights. Unfortunately, some workers experience subtle forms of retaliation, like reduced hours or exclusion from job duties, after reporting an injury.
If you believe you’re being punished or treated differently because of your claim, document everything and speak to legal counsel immediately. Retaliation is illegal, and there are steps you can take to hold your employer accountable.
The Right to Appeal a Denied Claim
Not all claims are approved the first time around, but a denial doesn’t mean the end of the road. You have the right to appeal if your claim is rejected. The appeals process can involve hearings, additional medical evaluations, and testimony, and it’s often complex. But you don’t have to go through it alone.
An experienced work comp attorney can help you understand why your claim was denied, gather supporting evidence, and represent you through each phase of the appeal. Many cases that are initially denied can still result in benefits after a successful challenge.
The Right to Reasonable Accommodations or Modified Work
If your doctor clears you to return to work with restrictions, your employer may be required to offer modified duties that align with your current physical capabilities. This might include lighter tasks, shorter shifts, or transitional roles that ease you back into your job.
You also have the right to refuse work that exceeds the restrictions your doctor has set. Don’t feel pressured to return to full duties before you’re ready — doing so could worsen your injury or jeopardize your benefits.
