Steps and Requirements to file a Workers Compensation Claim in California
If you experience an injury at your work place, it is important for you to file a worker’s compensation claim in order to receive justice from your employer. Typically there are three fundamental eligibility requirements that you must have: You must be an employee, your employer must carry workers compensation insurance, and you must have a work related injury or illness.
Filing your claim injury includes reporting the type of injury or illness suffered with your employer, and filing an application for adjudication of claim with the Worker’s Compensation Appeals Board (WCAB) which would then proceed to start a formal proceeding against the employer.
Whatever injury or illness you may have, the deadlines for action start on the date of your injury or illness. The statute of limitations varies depending on the injury, therefore it is important to get immediate medical assistance and to tell the physician that your injury or illness is work related in order for legal action to begin. Additionally, report the injury or illness to your employer as the benefits from workers compensation may be lost within thirty days.
Once you have reported your injury or illness, your employer should give you a form known as the DWC-1, displaying details of the worker’s compensation process. Following the steps afterward is vital in order to ensure a compensation will be awarded to you.
The workers compensation process can be strenuous and confusing, therefore it is widely suggested that you seek legal help so that an attorney can guide you through the legal process. It is important for you to have an expert knowledgeable in the field to ensure your best interests are protected. Suffering from an injury or illness caused from work is already difficult, consequently having a legal expert represent you throughout the process will allow you to focus on other personal matters that may have priority.
If you are suffering from an injury from work, or are interested in seeking legal advisement in Worker’s Compensation, please contact Ideal Legal Group at 626-569-1882 or through email at info@ideallegalgroup.com to schedule a consultation with one of our attorneys.