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.

The First Step You Take After an Injury is the Most Important

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Workers’ compensation is a claim and benefits system established for workers who become ill, are injured, or die while on the job. Workers’ comp is actually a type of state-mandated insurance purchased by employers as coverage for their employees, each state having its own individual program. Benefits may include medical expenses, death benefits, lost wages, and rehab services.

The most common types of workers’ comp claims include:

• Slips, trips, and falls
• Vehicular accidents
• Repetitive strain
• Machinery accidents
• Overexertion
• Being struck by an object

Types of injuries that are most commonly seen in workers’ comp cases are strains and sprains, cuts or punctures, contusions, inflammation, fractures, and repetitive stress injuries such as carpal tunnel syndrome and tendonitis.

As a general rule, these are clear cut cases because workers’ comp is a “no fault statute” which means that, with few exceptions, who caused the injury is not crucial to an injured employee being able to get benefits.

Filing a claim with your employer if you’ve been injured on the job should happen as soon as possible and within the statutory deadlines mandated by the state in which you reside.

Where does your case fall?

Among the types of workers’ comp claims, the top 3 most common workers’ comp claims are:

• Overexertion — usually happens when an employee lifts, pushes, or pulls something beyond his or her normal range of motion
• Slips, trips, and falls — occur most often due to wet, slick, or uneven surfaces, poor lighting, other maintenance concerns
• Falling to lower levels — occurs when an employee falls off a ladder, a roof, scaffolding,or down a flight of stairs

Your workers’ comp case may be similar to the aforementioned examples in which case you’ll want to file a claim ASAP.

Filing a claim involves several steps, the first being to seek immediate medical treatment. Make sure that you notify your employer in writing, fill out an official form which should be provided to you by your employer, and keep detailed records concerning all medical treatment. You should also keep receipts for any out-of-pocket expenses that are related to your injury.

Fast results

If you’ve suffered a work-related injury, in can be a frightening and confusing time. You’re injured, you can’t work, and you’re worried about how you’re going to pay your bills without any income.

To ensure that your rights are protected and that you get adequate compensation, you should contact an attorney who specializes in workers’ comp injury cases, especially for more complicated cases such as those resulting in severe injuries requiring surgery, a permanent disability, or if you have pre-existing disabilities, for example.

At Gold Country Workers’ Comp Center, we’ll advocate on your behalf to ensure that you receive all of the benefits to which you are entitled. Additionally, if you have sustained an injury that may keep you from working permanently, we can advise you about filing for Social Security disability benefits, too. Contact our office to schedule a free consultation.

The Most Common Workers’ Comp Claims Are

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