What Can You Expect When You File A Workers Compensation Claim And How Can An Experienced Attorney Help

A San Bernardino Workers Compensation lawyer explains that workers comp is a form of private, state and federal insurance that protects workers who are injured ‘on the job’ by providing medical expense coverage and loss of wages coverage whilst the injured party is recovering from a specific injury. This is done so that workers are not financially out of pocket because of their injuries. It is a no blame type of compensation in which, unless the employer or another party is found to be grossly negligent (in this case a civil lawsuit can be filed) then under normal workers comp procedures the employee relinquishes the right to file a claim directly against the employer. In return, it gives the injured party quick and easy access to funds whilst they are in recovery from their injuries

So what can you expect to happen when you file a workers compensation claim? A San Bernardino workers comp lawyer explains…

The first thing that an injured party should do is to report the injury directly to their immediate supervisor or employer as soon as it has happened. If an ongoing or reoccurring injury such as back pain flares up, or an illness has been developing over time then it is imperative to report it as soon as it is believed to have been exaggerated or caused by the job. Failure to report an injury within a given time scale of 30 days may prevent the injured party from receiving benefits that they are entitled to. Also an employer may need to look fully into an injury that had occurred in the workplace and the circumstances that surrounded it, and this gives the employer time to do this.

The next step for a victim is to seek medical treatment for their job related injuries. If a worker has not specifically given to their employer in writing the details of their own personal physician, prior to the accident happening, then the employer will appoint a designated doctor who the employee must be treated by. It is also important to stress to the examining physician that the injury is job related.

Meanwhile it is law that your employer is required to give the injured party a claim form (DWC form 1) within one working day of hearing about the injury. If this is not done, then you will need to chase it up. Alternatively it can be downloaded from any government website. Once the employee has filled in the form with as much detail as possible, then it needs to be handed back to the employee who will check that it has (A) been filled in correctly and (B) that there are no anomalies. After this has happened and everything seems above board, then the employer has to pass the claim up to the designated insurance carrier who will then make the payments based on the information given on the form.