The Basics of a Worker’s Compensation Claim

Personal injury lawyer-Samer HabbasThis article in the Sacramento Business Journal about California worker’s compensation insurance is indicative of the scope of the state’s program and the costs of worker’s comp insurance. However, to an employee injured on the job and hurting, an employer’s insurance costs are far down their list of priorities and many injured workers are reluctant to file a claim for fear of losing their jobs. In a flagging economy shedding jobs by the tens of thousands, it’ a legitimate concern. Here are the basics of a worker’s compensation claim if an employee has suffered an injury or illness on the job and wants to file a claim:

What should one do after reporting an injury to their employer?

Get a Worker’s Compensation Claim Form (DWC 1) from your employer within one working day after you report your injury or illness. If your employer doesn’t give you a claim form, you can get one from a California Information and Assistance officer.

What happens after the claim form is filed?

Your employer is required to fill out their portion of the form and turn it in to a claims administrator. Your employer is required to give you a copy of the form that you should keep for your records.

Can I be fired from the job because of injuries?

It is illegal for your employer to fire you because of your injury or for filling out a workers comp form.

When will I know whether my claim was accepted?

After filing the claim, you can be certain that your claim was accepted if you don’t hear from the claims administrator within 90 days.

If you or someone you care for was injured or suffered an illness on the job and wishes to speak with an experienced California worker’s compensation lawyer, call the Law Offices of Samer Habbas at 888.848.5084.

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