Workers’ Comp Claims
If you are injured on the job, then you should immediately report the job accident to your employer. However, you should also file a workers’ compensation claim by completing a DWC 1 form and submitting it to your employer for finalization.
What Information Do I Need to Report a Workplace Injury?
Your employer may have specific forms that you need to complete in order to properly report your workplace injury. The data for your employer will likely be the same information necessary to complete the State of California Division of Workers Compensation form (DWC 1) that will begin your workers’ compensation claim.
You’ll need the following information to report your workplace injury to your employer as well as the California Department of Industrial Relations:
- Your name
- Home address
- Date and time of injury
- Address where the injury occurred
- Description of injury and body part affected
- Your social security number
- Your email address
While the DWC 1 does ask for a social security number, immigrants without SS numbers can also get workers’ compensation.
You should provide as much information as possible on the DWC 1 form. If you fail to complete any part of it, your claim may be delayed or denied altogether.
What Happens After I Report a Workplace Injury?
After you report an injury at work and file a workers’ comp claim, you should give the DWC 1 form to your employer. They will complete their portion of the form, which includes information about the employer as well as their workers’ compensation insurance policy number.
If you didn’t get medical treatment immediately after you reported your injury to your employer, you should do so as soon as possible. Continue going to the doctor, specialists, and physical therapists per your doctors’ recommendations. If you do not continue treatment, your claim may be compromised.
Who Should I Report a Workplace Injury To?
If you are injured on the job, you should immediately report your injury to your supervisor or boss. They should begin a process to formally document the injury. If they refuse to document what happened, you should gather as much evidence as possible about your accident, including pictures of the scene and contact details for witnesses.
Your employer should have a designated office or individual who receives reports of workplace injuries. This may be a human relations department or a similar office. They likely have a special form they use to document incidents at work. If they do not, you can use the DWC 1 form. Make sure you keep a copy of all forms you complete.
What Happens When You Get Hurt at Work in California?
Immediately after you are injured on the job, you should get medical treatment. You should leave work and go to urgent care, the emergency room, or your primary care physician. This will establish the severity of your injuries.
You should report your job accident to your employer as soon as possible, typically within 24 hours. This will allow your employer to begin an investigation into what happened and complete their own internal documentation.
You should file an accident report with your employer and complete the employee portion of the DWC 1 form. This will help you begin a workers’ compensation claim so you can get medical expenses covered and lost wages paid. You may have other options for compensation depending on how severe your injuries are.
California law allows you to make a workers’ comp claim after an on-the-job injury. California employee rights guarantee that you will get medical bills paid and other compensation. The only way you can get these benefits is to file a workers’ compensation claim.
Need Help Filing a Workplace Injury Claim?
You need to report your workplace injury to your employer right away, but the process of submitting official government forms can be confusing. If you have questions about filing a workplace injury claim, attorney Sam Setyan is here for you.
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.