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You should tell your employer as soon as possible that if you were injured on the job. There are may rules and times that apply to the first 90 days after a claim is filed so it’s important that you report the claim immediately. Otherwise, you could miss out on the full range of benefits afforded to you by the California Workers’ Compensation system.
Once you advise your employer of a work-related injury, your manager or boss should provide you Workers’ Compensation Claim Form, known as a DWC-1. This document is very important. Fill it out yourself or with an attorney if you are uncomfortable with the document. Turning in the DWC-1 form starts the Workers’ Compensation claim process. Telling your boss verbally is not enough to trigger your employer’s responsibility to start benefits. Be sure to keep a copy of the completed DWC-1 form for your records.
14 days of receiving the DWC-1 of the Claim Form from you, your employer has to make one of three decisions. Your boss or company either accept, deny or delay a decision regarding the industrial injury claim. Usually, your employer has insurance and you’ll be notified by an insurance company of what your employer intends on doing with your claim. Please make sure that your employer has the correct mailing information.
If the claim is delayed, your employer or the insurance company has 90 days to make a decision to accept or deny your claim for workers’ compensation benefits. During 90 delay period, the insurance company or your employer is required to provide up to $10,000 of medical care for your injury. That said, your employer is not required to pay you for lost time during this period. At this time, you may want to consult with a lawyer as there’s potential for you to apply for State Disability benefits.
