When to File a Workers’ Compensation Claim and How to Do It
After a work injury, workers’ compensation is a type of insurance that offers medical care and wage replacement to the injured party.
When a workers’ compensation claim is legitimate, the employer or insurance provider is required to cover the injured worker’s lost wages and related medical costs.
The application process might be perplexing because workers’ compensation laws are complicated. For this reason, workers’ compensation claims are often denied.
How to Make a Claim for Workers’ Compensation
The most crucial action you can take following a workplace injury is to notify your employer as soon as possible, whether it be your manager, supervisor, or HR department. Normally, you have 30 days from the date of your injury to tell your employer, failing which you may forfeit your ability to submit a workers’ compensation claim.
Ideally, unless you have a medical emergency, you should do this before getting medical help. If you wish to submit a workers’ compensation claim, you must be examined by a physician recognised by the insurance provider for your employer.
Your company might suggest a physician who is a part of their network of medical specialists to you. Although workers’ compensation law allows you to be treated by your private doctor, this doctor will still need to evaluate you.
You as an injured worker should take into account the fact that workers’ compensation doctors must answer to insurance companies because this may affect the quality of care they provide.
After receiving treatment, you must give the following to your employer:
- Form DWC-1 for claims
- A request for the adjudication of a claim
- A Statement in accordance with Labor Code 4906 (g)
- a document cover sheet and separate sheets for each document
To begin the claims procedure, your employer will give this information to the workers’ compensation insurance provider.
While the amount of time you have to submit a claim is constrained, the application process for claims might be challenging. Because of this, it’s crucial to acquire all relevant information and organise your files properly.
When to File a Workers’ Compensation Claim in California
It’s crucial to note that you have 30 days from the date of your accident to submit your DWC-1 form if you intend to submit a workers’ compensation claim. Your claim can be rejected if this period has passed because it has passed the “statute of limitations.”
There are various situations in which missing the deadline could be justified. One of them is that you were not adequately informed by your employer of your right to submit a workers’ compensation claim.
Every situation is unique, so speaking with a knowledgeable workers’ compensation attorney might be helpful.
What Benefits from Workers’ Compensation Am I Entitled To?
You normally qualify for four different forms of workers’ compensation payments as part of the claim:
- Payback for missing wages
- reimbursement or payment of medical costs
- disability compensation
- Rehabilitation
Call immediately now for a free consultation with a workers’ compensation attorney to learn more about your rights as an injured employee and to find out what benefits you could be entitled to.
Disclaimer: The procedure for filing a workers’ compensation claim is briefly described in this article. It is not meant to serve as specialised legal counsel for any given situation.