How to File for Workers' Compensation

San Diego Workers' Compensation Lawyer

There are particular steps you should take after a workplace accident in order to ensure you properly file for workers' compensation and have the opportunity to receive the full benefits to which you are entitled.

Report the injury to your employer as soon as you are injured or become aware than an injury or illness may be work-related. It is best to avoid any delay, as if your employer does not learn of the injury within 30 days this may limit their ability to fully investigate the claim and therefore may result in you being rendered ineligible to receive workers' comp benefits.

Seek medical care immediately. Your employer will likely assign you a facility or physician to go see, but in some situations you may be able to choose your own provider or choose from a list of providers.

Consult an attorney. Although you are not required to work with an attorney to file a workers' compensation claim, you will likely have a far better chance at a swift and positive resolution to your claim if you have an attorney to ensure your claim is properly filed and that your interests and rights are well-protected throughout the process.

Fill out a workers' compensation claim form. Your employer is required to provide you with a claim form within one working day of learning of your injury. This claim is also available online at the Division of Workers' Compensation website: DWC Form 1.

Turn your claim into your employer. Your employer will be responsible for sending a copy to the claims administrator and will also be responsible for all medical treatment of up to $10,000 - until your claim is approved or denied.

If you would like help in filing for workers' compensation in the San Diego area, contact a workers' compensation attorney at our law firm today.