If you’re a California resident and have been injured on the job, you need to know how to file a workers’ comp claim in California. CA workers’ comp laws require employers to provide medical treatment and pay workers’ comp benefits to injured employees. These benefits are for medical treatment and care, replacement of lost income, and long-term disability treatment and rehab services if needed. Death benefits are also available to the surviving family members of the deceased.
First and foremost, you should seek immediate medical treatment for your injury or illness. Make sure that any medical documentation includes the fact that you’re being treated for a work-related injury or illness.
There are several steps to filing a workers’ comp claim in California.The filing process for a California workers’ compensation claim begins when you inform your employer of your injury or illness. You must do so within the 30-day statute of limitations that is mandated by the state of California.
How to file a workers comp case in California
It is important and in your best interest to know how to file a workers’ comp claim in California.To officially make your claims, you must fill out and file several documents:
- DWC-1 Workers’ Compensation Claim Form and Notice of Potential Eligibility
- Application for Adjudication of Claim
- Declaration Pursuant to Labor Code
- Document Cover and Separator Sheets
Your employer is required to provide you with claims forms within (1) day of you having reported your injury. Under California law, filing a claim must take place within one year from the date of your injury.
The most common types of cases in California include one-time accidents such as slip-and-fall accidents, being struck by an object, and vehicular or machinery accidents. Specific scenarios include slipping and falling on a wet or icy surface or being struck by a falling beam. Repetitive motion injuries such as carpal tunnel syndrome and work-related stress were the second and third most common cases.
Getting everything you need and deserve
The process of filing a workers’ compensation claim and getting workers’ compensation benefits can be confusing and overwhelming. There is a lot of time-consuming paperwork involved — the claims forms themselves, medical statements, witness statements, if applicable, insurance forms. And, unfortunately, legitimate claims are often denied by employers or their insurance carriers. Remember — the insurance company is not looking out for your best interests because they want to reduce the costs to your employer.
Gold County Workers Comp Center specializes in workers’ compensation and disability claims and will work on your behalf to protect your legal rights and to make sure that you are getting the benefits that you deserve. We are skilled at engaging in productive negotiations and structuring settlements or going to trial if necessary.
Getting an attorney involved early in the claims process is critical to its success. All of our fees are contingent upon a successful resolution of your case. Contact our office for your free initial consultation.
