lawofficesofalberthirst@yahoo.com
(909) 885-7190

Workers’ Compensation: How to File a Claim in the State of California  

If you have been injured in your place of work, filling for a workers’ compensation claim can help you establish financial stability during the period of time in which you are unable to work. This article will highlight some of the most important elements you should consider when filing for a workers’ compensation claim. While the process can be complex and often difficult to understand, you should know that filing for a claim can help you obtain financial restitution for injuries you sustained while at work. Consider speaking to a qualified and knowledgeable attorney that has experience in handling workers’ compensation claims. An attorney with the right experience can help you establish a strong claim so that you may obtain the restitution you deserve.

Understanding Important Elements of a Workers’ Compensation Claim

In the State of California, a workers’ compensation claim is an administrative proceeding intended to pay workers who have been injured on their place of work. A workers’ compensation claim can often be mistaken for a personal injury lawsuit. A personal injury claim, however, is a legal dispute that is typically commenced by filing a case in the appropriate superior court. A workers’ compensation claim, on the other hand, will be started by filling a claim with the employer.

Initiating Your Workers’ Compensation Claim

Filing a workers’ compensation claim begins by notifying your employer that you have suffered a work related injury or illness. A workers’ compensation claim will need to be in written format and signed by yourself or your representative.

Workers’ compensation claims are time sensitive. The failure to provide proper notice of the injury can result in your inability to file a workers’ compensation claim. Consider seeking the legal advice of an attorney that has experience in workers’ compensation claims who can help you file a claim in a timely manner.

The Employer’s Responsibility to Provide a Form

Within a day of your notice, or otherwise becoming aware of your work related injury, your employer must provide you with a form only if the following factors apply:

  • The injury has caused you to lose time beyond your work shift for which you were injured; or
  • You need medical treatment that extends that of a first aid kit.

Once you receive the form, you will also need to receive a written notice of eligibility for workers’ compensation benefits. This notice can be provided to you in person or by mail.

Completing the Form

When filing the claim, you will need to complete the “employee” portion of the form. If a form is not provided to you, you have the right to obtain a copy of the form. While most of the form can be easy to complete, there are sections that can be difficult. If you are having difficulty in filling out a workers’ compensation form, obtain the legal advice of an attorney.

Once the form is complete, it will need to be re-submitted to the employer so that the employer can complete the form. The employer will then submit the form to the appropriate party, generally the insurance provider, as well as providing you with a dated copy of the document.

Obtain Legal Support

Filing a workers’ compensation form is a delicate matter that will need to be filed under a specific time frame. Filing an incorrect form can result in a denied workers’ compensation claim. Seek the support of a qualified attorney who can guide you through the process of filing a claim.

Attorney Albert E. Hirst is highly experienced in dealing with workers’ compensation claims. He is dedicated to providing strong legal support to individuals that have suffered injuries in their place of work.