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In 2019 almost 900,000 workplace injuries occurred which resulted in days off work. If you are injured on the job do you know what to do next? We will discuss the steps you need to take to ensure you get the benefits you deserve.
Do You Have A Claim?
If you are an employee who has had an accident and has been injured on the job you have the right to file a workers’ compensation claim.
The rules for workers’ comp in California states that every business that has at least one employee is required to carry workers’ comp insurance.
Another thing to note is that California has a “no fault” workers’ comp law. It doesn’t matter if it was your fault the accident occurred or the workplace. So do not be held back from submitting a claim because it was you who caused the accident to occur.
This insurance is paid by the company and is not paid for by the employees like health and life insurance. This covers the company in the event of a workplace injury.
What To Do First
If you are injured on the job and require immediate medical attention – seek that first. Inform the doctors taking care of you that you sustained the injury from your job so that they are able to make note of it for the insurance company.
The first step to filing a claim is to report the injury to your employer.
It is important to do this within 30 days of your injury but report as soon as you possibly can or your claim might not go through and you’d lose your benefits.
Filling the Claim
The next step in the process is filing the claim. Within one business day of reporting the job injury to your employer they are required to give you a workers’ compensation claim to fill out. They will also inform you of benefits, your rights, how to file the claim and any other pertinent information pertaining to the workers’ comp process
The form you will receive is called the DWC – 1. You are also able to download it from the California Workers’ Compensation website.
Once your section of the form is filled out in its entirety you will love it to your employer and that will fill out their portion and then submit it to the insurance company.
What Happens Next
After you file the claim the insurance company has 90 days to accept or deny. While the claim is pending and being investigated, the insurer must authorize and is responsible to pay for up to 10,000 dollars in medical bills.
Once your claim is accepted you will receive benefits based on the type of claim you’ve submitted
Benefits
The benefits you receive are based on what type of claim you filed. There are 4 types of workers’ compensation claims.
- Medical Treatment Only
- Medical Treatment with Lost Time
- Medical Treatment and Injuries that Prevent the Employee from Return to their Pre-injury Job
- Medical Treatment & Injuries that Prevent the Employee from Returning to Any Type of Work
In our previous article “How Do I Know if I Have a Workers’ Comp Claim in California” we discuss in detail the scenarios and benefits that you will receive based on the type of injury you’ve sustained.
Speak With An Expert Today
Any injury sustained at work whether it’s overtime like carpal tunnel or back issues or immediate like breaks or catastrophic injuries, you deserve the benefits you’re entitled to. Here at Visionary Law Group we are expert attorneys in the workers’ comp process. We serve employees in Long Beach and throughout Southern California. Don’t lose out on the benefits you deserve, let us help you while you heal. Call us today to schedule a free consultation.
