So, you’ve been injured at work in California there are so many things to consider, where do you start?
First things first, if you need immediate medical attention here’s a line you’ve never heard before, call 911.
You may not feel full effects of your injury until hours later so be sure to get yourself checked out.
After medical attention you should take the following steps and know “how to file workers’ comp claim in California?“
Table of Contents
4 Steps: How to File Workers’ Comp Claim in California?
- Identify Witness
- Take Photos
- Inform Your Supervisor
- Fill Out Claim Form
1. Identify Witness
A witness can be just about anyone from a delivery person to someone just visiting people that you might never see again write down their contact information and find out what they saw.
2. Take Photos
Take photos of the accident site and anything that contributed to your injury such as liquid on the floor or even a panelized roof that fell on you, take photos of any cuts bruises or other injuries on your body, your smartphone is a great tool for this.
3. Inform Your Supervisor
Don’t wait to report your injury to a supervisor, the longer you take to report your injury the more likely your employer’s insurance company is to deny your workers comp claim.
4. Fill Out Claim Form
Your employer is required to provide a workers comp claim form within one day of you reporting your injury, make sure you get the form right away and fill it out any delay could mean delays in medical treatment and wage replacement, the form will look like this
You only need to fill out numbers 1through 8 and if your employer tries to complete the form for you ask to complete it yourself or make sure you agree with what is written before you sign it.
*Also Read:
- is workers comp taxable
- workers compensation lawyer sacramento california
- how are workers comp premiums calculated
What to do if your work related injury is severe?
If your injury is more severe don’t even wait to fill out paperwork just go straight to the emergency room tell them that you have a work related injury and they will not charge you or give you a bill.
Make sure that you tell the doctor all of the body parts that are bothering you.
What are the reason for denied body parts?
Lots of times your workers comp claim will be denied for other body parts because you did not complain to the doctor on the date of injury.
Will you need a Workers Comp Lawyer?
Workers comp law has its own language, the paperwork for your workers comp claim will include numerous unfamiliar concepts, terms, and acronyms.
For example, there are medical provider networks primary treating physicians, URI, MRP, PQME, MSC EDD, CBI, MMI, Vouchers, and on and on and on…
What does all this mean there are too many things to know, too many things to consider, and too many time limits to worry about.
Insurance providers revel in this complexity because it causes confusion and helps them to deny, delay and diminish and injured workers comp benefits.
This is why it’s advised to speak with an experienced workers compensation lawyer who can navigate your workers comp claim through the minefields of the work comp system.
A good worker’s comp lawyer will ensure you receive the prompt medical attention that’s necessary to diagnose and treat your injury so you can return to work as soon as you’re physically able.
How long is workers comp claim settlement going to take?
The answer depends on several factors like how quickly your employer accepts responsibility for your injuries, how quickly they authorize medical treatment, and how quickly you recover.
Cases can take six months to six years to resolve however, in most cases can be resolved within a year with the help of a competent workers compensation lawyer.
Video: How to File Workers’ Comp Claim in California?
Final Thoughts
Filling a workers’ comp claim process take a long time so try to have patience.
Make sure before filling a workers comp claim you should inform about work related injury to your employer, or manager, or HR, immediately.
I hope now you have clear idea about “How to File Workers’ Comp Claim in California?”
Having any questions or query, please feel to comment below.
FAQs
What to do if the doctor puts you on light duty
If you are modified duties then you are going to want to make sure that you speak with the employer as to if they have modified work, if they have modified work available make sure that it falls within the restrictions.
Can I refuse to take a drug or alcohol test?
If you are asked to do these kind of testing you must do that if you refuse to do the testing it will be seen as a positive result in other words you will be have seen as if you had been intoxicated.
What to do if the doctor takes you off work?
If they say that you’re off work then you may want to consider applying for EDD disability not EDD unemployment while you’re waiting for the workers compensation process to progress.
*Reference: https://www.dir.ca.gov/dwc/