If you got hurt or fell ill because of an incident at work, you might qualify for financial benefits as mandated by the California Workers’ Compensation Act. Employers are required by law to purchase insurance that takes care of the costs associated with a work-related illness or injury. The key to receiving just compensation for a workplace illness or injury is to follow the workers’ compensation process in California.
For most workers’ comp cases in California, employees follow a three-step process:
- Report an injury or illness
- File a Claim with your employer
- File an “application for adjudication of claim” with the California Workers’ Compensation Appeals Board (WCAB)
Each step of the workers’ comp process in California has a strictly enforced deadline.
Deadline Set Based on Date of Injury
For each of the three steps established for the California workers’ compensation process, the deadline is set based on the date when the injury took place. The date is clear when an accident such as a slip and fall is documented in the workplace. However, some injuries take months, if not years to present painful symptoms. The best example of what is called a cumulative trauma injury is repetitive stress syndrome. In cases of a cumulative trauma injury, the clock starts clicking when you take both of the following actions:
- Missed work or received a diagnosis for the injury
- You know the injury happened because of a workplace incident
Report the Injury
Regardless of the type of injury, you must seek medical treatment immediately after the incident that caused the injury or injuries. You can go anywhere for emergency care, but for less serious injuries, you have to see a physician who is part of your employer’s medical provider network. Remember to emphasize to the physician that the injury or injuries were caused by a workplace incident.
You have 30 days after the date of a workplace injury to report the incident to your employer. If you wait longer than 30 days, you can lose the right to file a claim that asks for financial benefits. The best strategy is to report an injury or injuries as soon as possible after the workplace incident.
File a Workers’ Comp Claim
Your employer has one working day after you report an illness or an injury to give you a workers’ compensation claim form (Form) DWC-1). You also should receive information that discusses your legal rights and possible qualification for financial benefits. Closely follow the directions on the form to ensure you receive a timely decision on your claim. The most important section of the claim form is the section that asks you to provide a detailed account of the illness or injury, as well as the workplace incident that caused it. Give the completed form to your employer or send it via certified mail. Your employer sends the information it needs to send to its insurance company.
The Application for Adjudication of Claim
If you disagree with an action taken by your employer’s insurance company, you should file the application for adjudication of claim. Disagreements can include the proposed treatment regimen and/or the amount of time you expect to miss work. Workers’ comp claimants typically have up to one year after the date of the injury to file the application for adjudication of claim.
Work with an Experienced Workers’ Compensation Lawyer
Do not wait until you miss a deadline to speak with a workers’ comp attorney. Be proactive by scheduling a free case evaluation to ensure you follow the three steps of the process. Contact the PLBH Law firm by submitting the Contact form or by calling our office at (800) 435-7542.