Skip to Content
Seasoned Sacramento Injury Attorneys

Your Rights as an Injured Worker


Even when an employer provides a reasonably safe and healthy environment for employees, it is still possible to be injured or to develop a harmful condition due to performing job duties. However, to protect employees, every state has a system that assists employees when they suffer from work-related injuries and illnesses. 

What You Need to Know About Your Rights

To protect your right to crucial workers’ compensation benefits, you must first report the injury to your employer on either the same day, if possible, or within the first few days after the accident's occurrence. For particularly severe injuries, it is not always feasible to report them the day they happen, but you must try to do so as quickly as possible or you will lose your chance to file a claim at all.

As an injured worker, you have several legal rights, including:

  • Injured workers have the right to file a claim for their injuries in a state industrial court or a workers’ compensation court
  • Injured workers have the right to be seen by a physician and to pursue necessary medical care
  • If an injured worker’s physician allows you to return to work, you have the right to resume your job duties
  • If an injured worker cannot return to work as a result of his or her injuries, the worker has the right to compensation for the disability
  • If an injured worker disagrees with a decision made by his or her employer, workers’ compensation court, or the employer’s insurance company, the worker can appeal it
  • All injured workers have the right to be represented by a workers’ compensation attorney throughout the claims process

Furthermore, as an injured worker, you have the right to refuse certain requests or offers. If your employer were to encourage you to use your own health insurance to cover your medical treatment, it is your right to decline this request. If your employer attempts to offer you an incentive to convince you not to file a workers’ compensation claim, this is illegal. Remember, the laws in every state allow injured workers to pursue workers’ compensation benefits without the fear of retaliation or harassment from an employer, so if your employer attempts to make it difficult for you to exercise your rights, penalties can be imposed for this illegal behavior.

Workers’ Compensation in Sacramento

If you were injured at work, you must hire a workers’ compensation attorney as soon as possible to ensure your right to vital workers’ compensation benefits is protected. At Smolich and Smolich, our Sacramento legal team is committed to guiding injured workers throughout the claims process no matter what stage they are in or if their claim has been denied or delayed.

For the skilled representation you deserve, call our office today at (916) 571-0400 to schedule a free initial consultation.