You have a right to benefits under California’s Workers’ Compensation Act if you live in California and have suffered a job-related injury. By law, the employer is required to pay workers’ compensation benefits, including medical treatment, to any employee who has been injured on the job.
What do I do after I was injured on the job?
The first thing you should do after a work-related injury is to get medical treatment right away. In an emergency situation, the injured employee is not limited, and may go anywhere to receive treatment, and the employer must pay for medical services. The employee should let the doctor or hospital know that the injury happened at work.
The worker must also report the injury to the employer right away, or within 30 days of the incident. If the injury is a result of long-term damage caused by job duties, the employee must report the injury to the employer as soon as they see a doctor or miss work as a result of the injury. Not reporting the injury in a timely manner could result in losing your right to receive workers’ compensation benefits.
Filing a Claim
It is the worker who is responsible to file a claim for workers’ compensation benefits. Simply reporting the injury to the employer is not enough. The documents that must be filed include:
- Application for Adjudication of Claim
- DWC-1 claim form
- Declaration Pursuant to Labor Code 4906(g)
- Document cover sheet
- Document separator sheets
While filing a claim can be done by the employee, it is advised to have an experienced Northern California workers’ compensation lawyer do it for you. There is no fee for working with a workers’ compensation lawyer. Typically, lawyers get paid once there is a settlement or award, and if there is no award, you pay nothing.
See our next blog to learn more about the specific forms needed to file a workers’ compensation claim in California.
San Francisco Workers' Compensation Attorney Scot Shoemaker has over 2 decades experience fighting for Northern California workers throughout the Bay Area. If you have questions, contact Mr. Shoemaker by email or caling (415) 463-5310.
