How To File A Workers’ Compensation Claim In California
Filing a workers’ compensation claim can be a complex process, no matter where you are in the country. If you are looking to file a claim in California, contact The Law Offices of Farley & Ketendjian to discuss your situation and get your claim filed correctly the first time.
When you are injured on the job, you should notify your employer as soon as your situation allows. Once your employer is notified, they should supply you with a claim form. If your employer does not supply you with one, in person or by mail, the form is available on the California Division of Workers’ Compensation (DWC) website.
The information-gathering process is a crucial step in filing a claim. The more details you provide, the better the Division of Workers’ Compensation (DWC) will understand your injury.
Important information you will need includes:
- Date and time of the injury
- Location and description of the area in which the injury happened
- A description of your injury and the body part(s) affected
You will also need to supply your home address, email address and Social Security Number.
Filing The Claim With Your Employer
Once you have entered all of the required information into the claim form, sign and date it and return it to your employer. Keep a copy of the form for your records.
Your employer should complete the appropriate section of the claims form. If your employer does not provide you with a completed copy of the form, ask for one for your records.
What Happens Next
The completed form will be sent to your employer’s insurance for review. Insurance companies typically make a decision regarding your claim within two weeks.
In California, if you do not receive a notice from your employer that your claim has been denied within 90 days of filing, your claim can be presumed to be accepted.
What If My Claim Was Denied?
If your claim was denied, you still have recourse to get covered. To appeal a denied claim, you must file an application for adjudication of a claim at your nearest DWC office and serve your employer.
Once your application has been filed, you can file a declaration of readiness to proceed and schedule a mandatory settlement conference. If you and your employer cannot reach an agreement, your claim may go to trial.
If your claim was accepted, but you or your employer disagrees with the diagnosis of your injury or your treatment, you may seek an evaluation from a qualified medical evaluator.
Resolution Of Your Claim
There are two avenues for resolution in a workers’ compensation case:
- You and your employer reach an agreement on compensation and benefits
- A DWC judge issues an order regarding compensation and medical care
Payments for workers’ compensation are typically distributed in weekly payments or in one lump sum.
Discuss The Application Process With A Seasoned Workers’ Comp Attorney
If you have questions about the application process or would like to begin appealing a claim in California, contact The Law Offices of Farley & Ketendjian.