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Workers Compensation Claims: After You Suffer a Work Related Injury...

12/21/2011

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1. If you suffer a work related injury and your report it to your supervisor, your employer will most likely agree to accept responsibility. Within one day of filing a DWC-1 (workers comp injury form), your employer or its workers compensation insurance carrier is required to authorize and agree to pay for your medical treatment until your employer accepts or denies the workers compensation claim. The insurance company is only responsible for $10,000 in medical treatment costs until it accepts or rejects your claim. Cal. Labor Code sec. 5402(c). If your claim is eventually accepted, the employer will continue paying for your treatment. If not, you will have to pay for treatment yourself or do it on a lien basis through your attorney and seek reimbursement later. This may work to your advantage in that when you pay for your own treatment, you will not be limited to treated just with the doctor/s provided by the workers compensation carrier.  

2. If your injury prevents you from reporting to work and you are on medical leave, it is important that you always apply for state disability insurance (SDI) through EDD (the same office that handles unemployment insurance benefits). This way, you will receive income from this source in case your workers compensation claim is denied or delayed.  

3. Tell the doctor about your injuries. The workers compensation insurance company will often rely on the doctor's first report to determine the extent of your injury and the compensation you should receive. This is not the time to act tough. Tell the doctor about how your injury occurred and about the pain you are experiencing. 

4. Complete the two workers compensation forms promptly. Your employer is required by law to give you the Workers Compensation Claim Form (DWC-1) and the Application for Adjudication of Claim withing one working day of learning that you had an injury that resulted in medical limitations. These forms must be filled out and filed by you at your local Workers' Compensation Appeals Board. Report your injury to someone in a position of authority, such as your supervisor or your supervisor's manager or both. Bear in mind that with some exceptions, you must report your injury to your employer within 30 days of the incident giving rise to your injury or your workers compensation claim will likely be barred. 

5. If possible, have some physical evidence of your injury. It's not unlikely for the insurance company to argue that you didn't suffer an injury or your injury wasn't as serious as you claim it to be. Thus, having physical evidence to support your side of the story is important. Photos of bruising, cuts / blood, broken helmet, a blade of a faulty equipment that caused your injury, ripped clothing, and alike can be a very useful evidence to prove your claim. 

6. Make a list of witnesses. If any of your co-workers or bystanders witnessed your injury, get in touch with them as soon as possible, interview them and secure a signed declaration from them. Even one witness who supports your version of the events leading to an injury would be very useful where the employer argues that no injury occurred.  

7. If you are being placed off work by your doctor, make sure that your employer is notified in writing that you will be off work due to the medical condition and your anticipated or approximate date of release to work with or without limitations. This will trigger the employer duty to reasonably accommodate your disability later and will help protect your job. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
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    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case