How to File a Workers’ Compensation Claim
Suffering an injury on the job in California can be stressful. The injury, if serious enough, will likely wind up causing you to miss time at work. When you don’t work, you don’t get paid. When you don’t get paid, you can’t support yourself or your family. These are all reasons why you need to know how to file a workers’ compensation claim if you are ever injured on the job or while performing duties related to the scope of your employment. Today, we will explain the proper steps to take to file a workers’ compensation claim in California.
Tell Your Employer
The very first thing you must do is tell your employer that you have suffered an injury on the job or while performing duties related to your employment. Give your employer notice as soon as you can and make sure you do so in writing. Once you tell your employer about the injury or illness they have one day to provide you with a claim form to get the workers’ compensation process started. If the employer fails to provide you with the form you can access it on the website for the California Division of Workers’ Compensation (DWC).
Completing the Form
When you sit down to complete the form you are only required to complete the area labeled ‘Employee.’ Complete all areas under the Employee section so that the claim is not denied. Make sure you sign and date the form before submitting it to your employer. The form should be submitted as soon as possible so that the claim can be approved and you can start receiving the benefits. Make a copy of the completed and signed form to keep for your personal records. If you don’t submit the form by hand and instead mail it, be sure to mail it via certified mail with return receipt so you know when it is received by your employer.
The Employer’s Responsibility
Once the form is submitted to your employer they must then complete their section of it. Once they have signed the form they must then submit it to their insurance company. A copy of the completed form should be mailed to you by your employer. Should you fail to receive a copy of the completed form you can request one from your employer.
The insurance company has only 14 days to send a letter to you about the status of your claim. If you fail to receive a letter from the insurance company you can call them for an updated status. It is safe to assume that the claim was approved if your employer does not deny it within 90 days of you filing it.
Other Pertinent Information
Did you know the following:
- Appropriate medical treatment must be authorized by your employer within one day of filing the claim form
- Call the DWC at 1-800-736-7401 for any questions about your claim
- If the payments are not made in a timely manner by your employer, you are eligible for an increase in payments only if you filed a claim form
Speak with an Experienced Attorney Today
Were you injured at work? Did you suffer an illness related to your employment? If so, it’s time for you to speak with an experienced workers’ compensation attorney in Upland, California. Call the office of Donald S. Fair today at 909-344-3011 to schedule a consultation about your case.