Legal Question in Workers Comp in California

Re: Broke My foot in a slip & fall while on the job

You have the right to file a workers compensation claim and to get all of the benefits that come with that. . . (temporary disability, medical care, future medical care, vocational rehabilitation and permanent disability) You have the right to not be retaliated against for filing a workers' compensation claim (See Labor Code Section 132a). You may have the right to family leave -- depending on the size of your employer, and how long you've worked on the job, and to be accommodated, meaning that the employer may have to take steps to allow you to do your job, even though you are less physically capable, once you return to work.

Re: Broke My foot in a slip & fall while on the job

All your rights had been discussed in the last response. However, keep in mind that there is no guarantee that the employer will not fire you during the process, many of them do and that is a risk factor. Remember however, you can then file a wrongful termination claim under 132a.

I have some studio, highly paid Hollywood type clients who injured themselves at work. Many of these types are nervous about filing a claim because not only do they get fired, but they often get black-balled. I discuss the entire process with all my new clients and advise them of all the risks and benefits involved in filing a claim.

Therefore, knowing all your rights from the response above and thinking through the weights and balances, you can make a clear choice.

Feel free to contact my office should you want a free consultation