According to the California Workers’ Compensation Act, employees working in the Golden State have the right to seek financial benefits if they suffer an illness or an injury while on the job. If you are dealing with a work-related illness or injury, you need to know how and when to file a workers’ compensation claim in California.
For a majority of workers’ comp cases in California, employees must follow three steps to receive the compensation they deserve to bridge the gap between losing wages and getting back to work on a full-time basis.
Statute of Limitations for Filing a Workers’ Comp Claim
The statute of limitations for filing a workers’ compensation claim in California is one year from the date of a work-related illness or injury. Although you have one year to organize all the convincing evidence you need to file a workers’ comp claim, the fact remains that the sooner you file a workers’ compensation claim, the faster you receive compensation.
The date when you got hurt or sick should be clear-cut. For example, if you fell off a ladder at work, the date that it happened should be documented by your employer. However, the date that gets the clock ticking in the statute of limitations for an illness is much trickier to know. Consult with a California workers’ comp attorney to determine the date when an illness at work forced you off the job.
Three Steps for Filing a Workers’ Compensation Claim in California
California has established a three-step process for filing a workers’ compensation claim. A California-licensed employment attorney can help you move through the three-step process.
Report the Injury or Illness
If you hurt yourself on the job and the injury does not require emergency care, the first step in filing a workers’ compensation claim is to report the injury to your employer. Your employer needs to know about the injury to start the insurance claim process. If you have to see a physician to treat an injury, make sure to let the physician know that your injury occurred in the workplace. Reporting illnesses is not such a clear-cut procedure, as symptoms might not develop for days, weeks, or even months.
File a Workers’ Compensation Claim
Within 24 hours of you reporting your illness or injury to your employer, you should receive a workers’ comp form which is called Form DWC-1. You should also receive information about your rights, as well the details of the workers’ compensation process. Closely follow the directions listed on Form DWC-1 for the employee section of the workers’ comp form. When you finish, submit the form to your employer for immediate processing. You can also send Form DWC-1 to your employer by certified mail.
Employer’s Insurance Company Responds
After you submit Form DWC-1, your employer’s insurance company must respond by either authorizing payment for your medical care or informing you that the investigation into your claim has not yet concluded. How your employer’s insurance company responds determines how you proceed with your workers’ compensation claim.
Work with a Workers’ Compensation Attorney
If you have not contacted a workers’ comp lawyer by the time the third step starts to unfold, you should take action by getting a workers’ compensation attorney to represent you for the remaining portion of the filing process. An experienced worker’s comp lawyer knows when it is time to submit an application for adjudication of claim, as well as resolve any disputes that arose during the insurance company’s investigation into your workers’ comp claim.
Get the works’ compensation claim process right by contacting the legal team at PLBH Law Firm at (800) 435-7542 or by submitting the online contact form.