Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

How do I file a workers’ compensation claim in California?

On Behalf of | May 11, 2017 | workers' compensation

Suffering an injury at work is stressful and overwhelming. You aren’t sure how long you will miss work and aren’t sure if your employer will pay for your time away from the job. Almost every injury you suffer on the job should be covered by workers’ compensation benefits. Here’s how to file a claim in the state of California.

After notifying your employer of your work-related injury or illness, the employer must provide you with a claim form within one business day. If for some reason you are not given the claim form, it can be downloaded and completed on the Department of Workers’ Compensation (DWC) website.

When you go to complete the claim form, be sure to only fill out the employee portion of the form. As soon as you complete it, which should be immediately, return it to your employer so the process can move forward. Sign and date the form and make a copy for your records. If you decide to mail the form to your employer, be sure to send it via certified mail so a receipt is sent to you.

Your employer will know to complete the employer section and forward the form to his or her insurance company. You should receive a copy of the completed form in the mail. Keep this for your records. The insurance company now has 14 days to send you a letter regarding the status of your workers’ compensation claim.

In the state of California, your employer is required to authorize medical treatment for your injury or illness within one day of you filing the claim. As the employer decides whether or not to accept your claim, you could be the recipient of $10,000 in medical expenses.

If your claim has not been denied within 90 days of it being filed, it is presumed that the employer has accepted your claim and will provide you with workers’ compensation benefits.

If you have been injured on the job, file a claim for workers’ compensation benefits today and speak with an experienced occupational injury lawyer in Modesto, California.

Source: Occupational Injury Law Center, “Get The Workers’ Compensation Benefits You Deserve,” accessed May 11, 2017