Can I Refuse Workers Compensation in California? 2024

When an employee is injured at their place of work in California, they are entitled to certain rights under both state and federal laws. One of these rights is the ability to file a claim for compensation with their employer’s workers’ compensation insurance provider. However, for some reasons, employees might not want these benefits and wonder, “Can I refuse workers’ compensation in California?”

It is a requirement of all employers in California to carry no-fault workers’ compensation insurance in case any of their employees suffer an injury at their establishment or company. This allows protection for both the employee and their employer. There are some exceptions in these matters, especially in cases where an employee opts out of these benefits. At Canlas Law Group, we can assist you in navigating these legal questions. A workers compensation lawyer can help ensure that you receive the compensation you are entitled to and guide you through the claims process.

Common Causes of Workplace Injuries

There are several reasons why an accident might occur at a workplace in California, resulting in the injuries of an employee and giving them grounds to file a claim with their employer’s workers’ compensation insurance. A workplace injury lawyer can help you understand your rights, assist in filing your claim, and ensure you receive the compensation you are entitled to for your injury. The most common causes of workplace accidents in California include the following:

• Slips, trips, or falls resulting from worn or torn carpeting, uneven, cracked, or crumbling surfaces, slick or wet floors, exposed wiring, missing handrails or safety banners, and inadequate warning signage
• Falls from great heights, such as scaffolding
• Being struck by a falling object
• Being crushed, pinned, or run over by vehicles or heavy machinery
• Getting electrocuted
• Being exposed to toxic substances or dangerous chemicals
• Repetitive motion injuries such as muscle strains or sprains
• Defective or malfunctioning equipment or machinery

If you have suffered a workplace injury due to any of these reasons through no fault of your own, you may be entitled to compensation through your employer’s workers’ compensation insurance. However, there are several reasons why you might want to refuse these benefits.

Reasons Why an Employee Might Opt Out of Workers Compensation

It is important that before you refuse the benefits offered to you by your employer’s workers’ compensation insurance, you take some time to review them, as they can be extremely helpful following an accident when medical bills begin to pile up and you are unable to return to work due to the injuries you have sustained. Some of the most common reasons why an individual might refuse workers’ compensation benefits include:

• The Amount of Paperwork: You may not wish to fill out all of the paperwork and undertake the hassle of filing a claim for workers’ compensation. However, it is important to remember that no matter your decision, your employer will still be required to fill out paperwork regarding your injury. Additionally, if you refuse these benefits, you will need to sign a statement officially refusing a claim with your employer.
• The Severity of the Injury: Some individuals who have suffered a work-related injury believe that the harm they have sustained is not bad enough to file a claim. However, years later, they might begin to experience stiffness of the joints, chronic pain, or other related conditions. It is, therefore, important to consider your future when deciding if you do or do not wish to file a claim for workers’ compensation.
• The Existence of Medical Insurance: You might also wish to forgo workers’ compensation because you are required to be cared for by a doctor or health facility that is approved of by your employer’s workers’ compensation insurance. If you have good health insurance, you might wish to simply see your own doctor for your injuries under your own health insurance.
• Missing Work and Income: You may be concerned about missing work, losing out on your regular wages, and even losing your employment if you follow through with a workers’ compensation claim. However, these concerns can be relieved when you decide to file a claim. If you miss work due to the injury, you may be entitled to damages such as medical bills, lost wages, and other protections, including the right to keep your job.
• Employer Retaliation: Many individuals who suffer an on-the-job injury fear that their employers will retaliate against them should they file a workers’ compensation claim. However, state law protects employees from this form of discrimination. You cannot suffer unfair treatment or be fired because you were injured at work and filed a claim with your employer’s insurance company.

FAQs

How Much Does a Workers’ Compensation Attorney Charge in California?

It may prove difficult to offer an exact number as to how much a workers’ compensation attorney might charge for their services. This is because there are several factors that affect these cases, and no two cases are the same. The factors that can influence an attorney’s fees in these cases are the overall complexity of your case and the experience of your attorney.

Is Workers’ Comp Mandatory in California?

In California, it is mandatory for all employers to carry workers’ compensation insurance, even if they only have one employee. This is the mandate so that all parties involved may be protected should the employee suffer an injury at their place of employment. It protects the employee when an injury occurs and protects employers from being sued for these accidents.

What Are Some Examples of Injuries Covered by Workers’ Compensation?

There are several injuries that may occur at a place of work that will result in the victim seeking workers’ compensation. These injuries can include broken bones, traumatic brain injuries, spinal cord injuries, amputations, paralysis, cuts or bruises, lacerations, internal damage such as damage to organs of nerves, internal bleeding, crushing or pinning injuries, severe burns, and injuries to the back, shoulders, neck, or head.

Can I Use My Own Insurance Instead of Workers’ Comp in California?

You might be able to use your own insurance instead of workers’ compensation insurance in California, but some insurance companies won’t cover work injuries because of workers’ compensation availability. If you have suffered an injury at your place of work, you should take the benefits offered to you by your employer’s insurance provider. These can help you in the long run, and an attorney can help ensure that you receive the total benefits you are entitled to under this insurance.

Speak with a Trusted Employment Law Attorney Today

If you have been injured at your place of work in California, you might not be aware of your rights under both state and federal law when it comes to filing a claim with your company’s workers’ compensation insurance provider. The attorneys at Canlas Law Group can assist you in whatever decision you make. Contact our office today to learn more.