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Filing a workers’ compensation claim in California

| Mar 22, 2017 | Workers' Compensation Benefits |

People generally do not intend to get injured. When they are injured it can be a frightening experience. Not only can an injury have a long-term impact on their ability to continue working, but it can also affect their ability to provide for themselves and their loved ones.

Fortunately for workers, the Workers Compensation Act guarantees coverage for work-related injuries. According to this Act, employers are required to cover the cost of medical expenses and to provide benefits for injured employees, but how do you file a workers’ compensation claim?

Reporting the injury

Just as there are many different jobs, there are also many different ways workers can get injured. Some injuries happen as the immediate result of an accident while others develop slowly over time. No matter what type of injury or how it happens, you need to get immediate medical care if it is needed and to report the injury to your employer as soon as you become aware of it.

After you become aware of the injury, you have 30 days to report the injury to your employer. After that 30-day period, it is possible that you can legal lose your right to get workers’ compensation benefits.

Filing a claim

Once you have reported your injury, the next step is to file a workers’ compensation claim. Your employer should be able to provide you with the appropriate forms, but if they do not have any available they can be found online.

Necessary forms include,

· DWC-1

· Application for Adjudication of Claim

· Declaration Pursuant to Labor Code 4906(g)

· Document cover page/separator sheets

Again, your employer should be able to provide you with all of these documents, but they can also be found on the California Department of Industrial Relations website.

A work-related injury can have a serious impact on your life and the lives of the people around you. Fortunately, you do not have to deal with it alone. There are legal professionals who specialize in these types of issues and they can provide knowledge and support as you move through the legal process.

If you have sustained a work-related injury and are planning to file a workers’ compensation claim, it is recommended that you obtain the services of an experienced legal professional. They will be able to work with you to ensure the best possible outcome.

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