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Milena Velilla

5 myths about workers’ compensation in California

On Behalf of | Jan 29, 2023 | Workers' Compensation

Workers’ compensation insurance provides benefits for employees injured while performing a work-related activity. These benefits can go a long way in helping you meet expenses related to your injuries, such as hospital bills, and also recover a portion of the wages missed as you recover.

However, not all employees injured in workplace accidents file for benefits. Misinformation and misconceptions about how everything works dissuade many from claiming what they are entitled to. Therefore, it helps to have the correct information to help protect your rights and interests.

Below are some of the widespread myths about workers’ compensation in California.

Your workplace accident must happen at your job

The location of your accident does not matter as long as you were engaging in a work-related activity. For instance, you may be involved in an accident while running a work errand or visiting a client outside your workstation. You are legally entitled to workers’ compensation benefits in all these instances.

You can get fired for filing a workers’ compensation claim

Your employer cannot retaliate against you for claiming workers’ compensation benefits. You do not have to worry about losing your job for filing a claim. If it happens, the law is on your side, and you can take action against your employer.

Immigrants are not covered

Your immigration status cannot stand in the way of workers’ compensation benefits. Under California law, every person in the service of an employer can file for workers’ compensation benefits, even if they are unlawfully employed.

You must be a full-time employed

You do not have to be a full-time employee to file a workers’ compensation claim. You are entitled to make a claim as long as you are on your employer’s payroll, even as a part-time employee.

You cannot receive benefits if you were to blame for the accident

Your fault is not a big deal in workplace accidents. You can still get benefits, even if you were to blame for your workplace accident. The only exceptions are if you intentionally hurt yourself, were intoxicated when the accident happened or or engaged in horseplay.

Get help with your workers’ compensation claim

It is best to seek informed guidance if you have questions about how the entire process works or what to do when filing a claim. That way, you will understand your legal rights and ensure you get the benefits you deserve after a workplace accident.