How and when to file a workers comp claim

How and When to File a Workers Comp Claim — Actionable Steps to Take and How a Santa Ana workers compensation attorney can help

If you’ve gotten injured at work and are seeking help, you aren’t alone, and a Santa Ana workers compensation attorney is available to guide you. The roots of modern workers comp laws go back to 1870s Germany, but Americans have worked nearly a century to flesh out our own fair system to protect employees hurt on the job. So, let’s look at how this all works for you today.

States Have Different (But Similar) Workers Comp Coverage

Each state in the United States has developed its own workers compensation insurance program. Depending on the location, economy and risks associated with industries in that region, premium amounts vary. For instance, Alaska has the highest average premiums because of the lumber trade, which has a high injury risk.

Across the country, states have similar benefits. There are four types of workers compensation, which cover injuries and illnesses suffered on the job including:

• Medical costs.
• Wage benefits.
• Vocational rehabilitation.
• Death benefits.

Each state also decides who sells and manages workers comp policies, whether that’s the state itself, agencies run by the state or private insurance companies. Knowing more about your state’s specific program will make deciding how and when to file a claim easier on you. COVID-19, psychological conditions and even addiction, among other complex problems afflicting people on the job, have pushed states to reconsider and expand their programs.

So, learning about your state’s benefits and requirements will help you pursue all the benefits you deserve. However, there is a statute of limitations on claims, so file as soon as possible. Don’t miss out on the benefits you legally deserve.

In California (one of the first states to develop its program in 1911), an injury can be a one-event experience or something that’s a result of repeated exposure over time. California considers some stress-related (psychological) injuries to fall under benefits for workers comp as well.

In addition to what’s covered above, California workers comp:

• Offers temporary or permanent disability and supplemental job displacement benefits.
• Covers employees who are temporary or part-time and even independent contractors.
• Doesn’t require you to be a legal resident of the U.S. to receive benefits on the job.
• Covers injuries regardless of whether the injury was your fault, as long as it’s been accepted as a workplace injury or illness.

A final note: Don’t worry about or delay filing a claim. Your boss can’t penalize or fire you for making a claim. That’s the law, and it protects you.

I Was Injured at Work. What Do I Do Now?

If you’ve been hurt or contracted an illness on the job, here are the steps to file for a workers comp claim (a Santa Ana workers compensation attorney can help you along the way):

1. If it’s an emergency, get medical treatment immediately. Your safety is the number one concern.
2. Report what happened as soon as possible to your employer (or your family member’s employer if the injured party can’t do so).
3. FILE AND SUBMIT THE CLAIM FORM:
   You’ll need to get a claim form from your employer. You must fill out this form to request workers compensation benefits. Your boss is responsible for giving you a workers’ compensation benefits Claim Form (DWC-1) within one working day of you reporting the injury or illness to them.
4. Once you get this form, read every bit of it. Remember, each state has different benefits and requirements, so take the time to read through it carefully so you understand your rights and responsibilities, as well as deadlines and limitations.
5. Fill out and sign only the employee portion of the form. In this section, you’ll describe the injury or illness completely. Include every part of the body affected by the injury.
6. If you mail your claim form back to your employer, be sure to use first-class or certified mail and include a return receipt so you have a paper trail that you sent it and when. Don’t delay. Fill out and return the form as soon as possible to avoid any problems with your claim.
7. GET MEDICAL CARE!
   If your injury isn’t an emergency, be sure to follow up with a doctor and get good healthcare support. A doctor can check you out for any underlying problems you may not know you have.
8. Tell the doctor about all your symptoms and how this injury or illness happened at work. Be sure to describe your job and the environment there. The doctor needs that big picture to understand and treat you.
9. The choice of doctor is important because they’re a part of the process of recovery and claims by:
   • Diagnosing the problem, prescribing treatment and managing your follow-up care.
   • Determining when you can return to work.
   • Identifying work you can do safely while recovering.
   • As necessary, referring you to other specialists.
   • Writing medical reports you’ll likely need to receive benefits.

A Santa Ana Workers Compensation Attorney Can Help With Insurance Disputes

It’s possible, and this process has a lot of moving parts. It’s no doubt a lot to get through. Your injury or illness likely puts you and your family under a lot of stress and strain, so it’s alright to ask for help.

A Santa Ana workers compensation attorney can help you get through this process and prepare for next steps. Of the many reasons to seek help, a workers comp attorney in your town understands the demographics, processes unique to Santa Ana and local industries. They also can explain more about disability insurance, which is sometimes a consideration in these issues.

What Happens If My Employer Doesn’t Have Workers Comp Insurance?

Not having workers comp insurance for employees is illegal in California. If you’re in this situation, a Santa Ana workers compensation attorney can help you navigate the issues and work to get you your benefits.

If you’ve been injured at work, the workers compensation process is there to help you get the compensation you need. However, with the different forms, deadlines and steps, it’s easy to get overwhelmed. A Santa Ana workers compensation attorney can guide you through the process and be your advocate. Remember, you’re not alone.