You hurt your back lifting something heavy at work.
You fall from a ladder.
A piece of equipment injures your hand.
You develop pain after performing the same physical task repeatedly.
But instead of immediately reporting the injury, you hesitate.
“What if my employer gets upset?”
“What if they cut my hours?”
“What if everyone thinks I’m exaggerating?”
“Could I lose my job?”
Being afraid to report a workplace injury can cause employees to stay quiet, continue working through pain, and delay getting help.
That can create additional problems.
If you believe you’ve suffered a work-related injury, understanding the workers’ compensation process and taking the situation seriously can be important for both your health and your potential claim.
Not Every Workplace Injury Happens in One Dramatic Accident
When people imagine workers’ compensation, they often picture a construction accident or serious machinery injury.
Work injuries can happen in many different ways.
An employee might suffer an injury after:
- Lifting or carrying heavy materials
- Slipping or falling
- Being struck by equipment
- Repetitive physical activity
- Working in a warehouse
- Driving as part of their employment
- Performing construction work
- Reaching, bending, or twisting
- Experiencing another job-related incident
Some injuries happen suddenly.
Others may develop over time.
The fact that you didn’t leave work in an ambulance doesn’t necessarily mean the problem should be ignored.
Why Reporting the Injury Matters
One mistake injured workers sometimes make is trying to “tough it out.”
You might finish your shift believing the pain will disappear by tomorrow.
Then tomorrow becomes next week.
When the injury is finally reported, questions can arise about when it happened and whether it was connected to work.
That’s why documenting and reporting a workplace injury promptly can be important. We covered the reporting steps themselves, including California’s 30-day notice rule under Labor Code section 5400, in why reporting a workplace injury quickly matters. This post is about the fear that keeps people from taking them.
When you report the incident, provide accurate information about what happened and when you first noticed the injury or symptoms.
Avoid exaggerating.
Avoid minimizing it.
Simply explain what happened as accurately as possible.
Your Health Should Come First
Continuing to perform physically demanding work while injured could potentially aggravate an injury.
If you need medical attention, obtain appropriate care.
Be accurate when explaining to medical professionals how the injury occurred, what part of your body is affected, when symptoms began, and whether particular movements or job duties make the symptoms worse.
If a medical provider gives you restrictions, make sure you understand them.
Don’t decide on your own that you should ignore medical restrictions because the workplace is busy or because you don’t want to inconvenience your employer.
Your medical treatment should be directed by qualified healthcare professionals.
Keep Your Own Records
Employees should consider maintaining their own organized records after a workplace injury.
Keep copies of relevant information such as:
- When the injury occurred
- When you reported it
- Who you reported it to
- Medical appointments
- Work restrictions
- Correspondence regarding the injury
- Workers’ compensation documents
- Time missed from work
- Changes in job duties
If communication occurs by email or text message, preserve relevant messages.
Having an organized timeline can make it much easier to understand what happened later.
What If You’re Afraid to Report a Workplace Injury?
This is one of the biggest concerns injured employees have.
Many workers worry that filing a workers’ compensation claim will cause problems at work.
California workers’ compensation law includes protections addressing discrimination against employees for filing or intending to file a workers’ compensation claim, although the application of those protections depends on the circumstances.
Those protections are in Labor Code section 132a. It states that it is California’s policy that workers injured on the job should not face discrimination, and it prohibits an employer from firing, threatening to fire, or otherwise discriminating against an employee because the employee filed a workers’ compensation claim or made known an intention to file one. Our workplace retaliation page explains how those situations are evaluated.
If you believe your employer is retaliating against you because you reported a workplace injury or pursued workers’ compensation benefits, consider speaking with an attorney about the specific situation.
Don’t assume that you have to choose between silently working through an injury and protecting your employment.
Get information about your rights first.
Workers’ Compensation Is Different From a Personal Injury Lawsuit
Workers’ compensation claims and traditional personal injury cases operate differently.
A workplace injury may involve questions concerning medical treatment, temporary or permanent disability, work restrictions, return-to-work issues, and other potential workers’ compensation benefits.
Certain workplace accidents can also involve third parties who are separate from the employer.
Because every situation is different, it’s important to determine what type of claim may apply rather than assuming all injury cases work the same way.
At Khashan Law Firm, our team can help injured employees better understand the workers’ compensation process and the options that may be available based on their circumstances.
A workplace injury can create concerns about your health, your paycheck, and your job at the same time. You don’t have to guess about how the workers’ compensation process works.
If you were injured while working in California and have questions about your workers’ compensation rights, contact Khashan Law Firm for a consultation.
Our team assists injured workers throughout Ontario, Murrieta, Rancho Cucamonga, Temecula, the Inland Empire, Southern California, and communities throughout California. Hablamos Español.