Industrial accidents often lead to serious injuries, and in some cases, permanent disability. When this happens, injured workers must take specific steps to ensure they receive the support and compensation they deserve under California law.
Knowing the right steps can help you protect your rights when you are facing long-term physical or mental challenges after an industrial accident.
Report the injury immediately
After any accident in the workplace, workers should immediately report their injury to a supervisor. Reporting an injury right away is important because it helps establish a timeline and begins the workers’ compensation process. Workers have 30 days to report an injury, but reporting as soon as possible is always recommended.
Seek medical treatment
If an accident has the potential to cause permanent disability, seeking immediate medical care is critical. A doctor will evaluate the severity of the injury and determine whether it is permanent. In California, a doctor’s report plays a major role in the workers’ compensation process and in determining how much compensation you may receive for the injury.
File a workers’ compensation claim
Filing a workers’ compensation claim is a natural response after any industrial accident. You can fill out and submit a DWC-1 claim form to your employer, who must then submit it to their insurance provider. Workers in California have up to one year to file a claim, but filing quickly helps prevent delays in receiving benefits.
Understand permanent disability benefits
If your doctor determines that your injury has caused permanent disability, you may be eligible for permanent disability benefits. These benefits help compensate you for the loss of future earning ability. California law uses a formula to calculate the amount of permanent disability benefits, which depends on your age, occupation and the extent of the disability. The percentage of disability assigned by a medical evaluator directly affects the benefits received.
It can be easy to lose sight of what you should do next when you are facing the possibility of a permanent disability. The existing processes provide guidelines and a positive path forward.