Getting Your Workers’ Compensation Claim Filed
The first step in filing a workers’ compensation claim against your employer is completing the “employee” section of the claim form.
Keep a copy and return the form to your employer, which will finalize the form.
California Employment Laws Regarding Workers’ Comp
If you are injured on the job, you have a right to collect workers’ comp benefits. Those benefits include coverage for medical expenses, partial payments for lost wages, disability, vocational rehabilitation, and more.
You must report your workplace injury or illness to your employer within 30 days of diagnosis. If you do not, then you may risk denial or delay of your claim.
If you want to obtain benefits, you need to file a workers’ compensation claim within one year of your injury. This includes completing and submitting the Workers’ Compensation Claim Form (DWC 1). You will then receive a notice of potential eligibility.
You have a right to hire an attorney to handle your workers’ compensation claim. They can help you with the workman’s comp process and manage any situations that potentially take place in LA court.
What Happens After I File a Workers’ Compensation Claim Against My Employer?
After you submit a workers’ comp claim form, your employer and their insurance company will investigate the accident. They must authorize payments for your medical treatment as well. If the insurer does not deny your claim within 90 days of submitting the claim form, it is generally considered to be approved.
If you miss work because of your injuries, the workers’ compensation insurance company should begin paying you partial lost wages within 14 days for temporary disability. Obtaining benefits for permanent disability can be much more difficult and should only be attempted with the help of an experienced workers’ compensation lawyer.
What If My Employer Denies My Workers’ Comp Claim?
If your workers’ compensation claim is denied, you have a right to appeal the decision. You can file an application for adjudication of your claim with the Workers’ Compensation Appeals Board (WCAB). This will give you an opportunity to present your case in front of a panel of individuals who will decide if your injury or illness is work-related and if you can get workers’ comp benefits.
How to File a Workers’ Comp Claim in California
There are specific steps you should take if you are injured on the job. Those steps will help you file a workers’ compensation claim and get the benefits you deserve.
Step 1: Get medical treatment
Some employers will try to prevent you from going to the doctor. However, you have a right to get medical treatment if you are injured on the job. In fact, you can select your own doctor. This is an important step that will gain evidence to support your claim against your employer.
Step 2: Report your accident to your employer
You must report your work accident to your employer within 30 days of the incident. Your employer should provide you with a DWC 1 form within one day of your report. Your employer may also have additional accident report paperwork to complete as well. Make sure you get copies of anything you fill out.
Step 3: File a Workers’ Compensation Claim
You have one year from the date that you are injured or see a doctor for your injuries to file a workers’ compensation claim. This “statute of limitations” is important. If you miss this deadline, then you may forfeit your right to obtain benefits.
Step 4: Keep a post-accident journal and notebook
You need to collect as much information as possible about your accident, including medical bills, lost wages, medical records, and other documentation of your injuries. You should ensure your doctors document the severity, progress, and prognosis of your injuries.
Step 5: Contact a Los Angeles workers’ compensation lawyer
The workers’ compensation process in California can be complex. It’s best to work with an attorney who is familiar with California employment laws and knows how to use them to your benefit. You need someone on your side who can help you get the benefits you deserve.
File a Workers’ Compensation Claim Today
Attorney Sam Setyan has extensive experience working with clients of small and large employers. He knows that their workers’ comp insurance companies will deny and delay claims whenever possible. They want to save money and don’t want to pay you after an injury.
Don’t risk losing your workers’ comp benefits. Call the Los Angeles employment law attorney at Setyan Law at (213) 618-3655 for a case consultation.
California employment cases can be complex. Your employer will likely fight back. You need someone on your side to protect your rights and get the money you deserve.
Call Setyan Law at (213)-618-3655 for a consultation.