California Worker’s Comp Claims; How To File One

Your Personal Injury Attorney Needs to Know These 6 Things

How to File a Worker’s Comp Claim in California

If you have suffered an injury at work in California, you could be eligible for benefits offered by California’s Workers Compensation Act. If you are an eligible employee with a job-related illness or injury, California law requires your employer to pay for medical treatment and wage loss during recovery.

It is essential to apply for these benefits correctly. Speaking with a trusted personal injury lawyer can help you take the next step toward filing a claim.

Submitting a Workers’ Comp Claim in California

Since every case is unique, it is challenging to limit everyone’s experience to a cookie-cutter process. However, most claims do fall under a similar pattern of submitting a workers’ comp claim in California under a basic four-step process:

Step 1: Report the Injury

As soon as you can, you need to report your injury or disease to your employer. It is possible to lose your right to workers’ comp benefits if you do not give your company written notification within 30 days of the injury. Any delay could hold up your benefits– so the earlier the better.

Step 2: Submit the Claim with Your Employer

Within one working day, your employer will provide you a claim form (Form DWC-1). You will also receive information about your rights to eligibility, requirements to receive benefits, and provide information about the company’s internal claim procedure.

If you did not receive a DWC-1 form from your employer, you can download it from the California Workers’ Comp website.

Step 3: After the Claim is Submitted

As soon as you have the form, your company’s insurance company should authorize payment for your medical treatment while it is investigating the claim for validity. Until it makes a decision, the insurance provider is accountable for as much as $10,000 in medical costs.

If you miss work, the insurance provider will pay short-term disability within 14 days after learning about the injury and financial needs. If the insurance provider does not begin payments at that point or respond to the claim by rejecting it or asking you for more details, a late fee of 10% of disability benefits will be incurred.

Step 4: Submitting an Application for Adjudication of Claim

If your company’s insurance company has started to provide medical and wage benefits, you will reasonably believe that all is well. Sometimes, insurance companies will stop paying benefits because they think they have met their obligation, and the injured person is still recovering.

Denied or Late Claims? Consider Working with a California Injury Lawyer

If you did not file a claim or application for adjudication on time, speaking with a Southern California personal injury attorney can help. The legal landscape in this area is complicated.

A knowledgeable workers’ comp lawyer can explain your circumstance and protect your rights. He or she can also represent you in an appeal if your employer rejects your claim for any reason.

At Deldar Legal, our team of California personal injury lawyers work tirelessly to make sure families and injured workers receive the benefits they deserve. You can schedule a free consultation in one of our offices located throughout the state by calling (844) 335-3271 or sending us a message through our request form.

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Posted in: Workers Compensation

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