The Steps You Need To Take After An On-The-Job Injury
The days and weeks after a serious workplace injury can be emotionally difficult and stressful. You may know that you are entitled to workers’ compensation, but you might have no idea what to do to protect your rights and make a proper claim. To give yourself the best chance of obtaining a successful claim quickly, you need an experienced workers’ comp attorney to be your guide and advocate from start to finish.
At the Law Office of Veronica A. Perez, workers’ compensation is all we do. We only represent injured workers in the San Diego area. Our firm is 100% bilingual in Spanish and English. If you or a loved one has been injured, our attorney can talk with you in your preferred language so there are no misunderstandings.
The Workers’ Compensation Application Process
Following all the steps is key to getting the financial help you need while you recover from your injuries:
- Get medical attention. If it’s a medical emergency, have someone call 911. Otherwise, you will have to go to a doctor who is in network for your employer or their workers’ comp insurance company. Either way, make sure the doctor knows your injuries are work-related.
- Report your injuries to your employer. Do this as soon as possible. In California, if you do not let your supervisor or manager know what happened within 30 days, you might lose your right to workers’ compensation benefits.
- File a workers’ compensation claim. Once you have informed your employer, they should give you a document called the DWC-1 form. This is the form you fill out and give back to your employer to start your workers’ comp claim. We can help you fill out this form.
- File an “application for adjudication of claim.” You also need to file this application with the Workers’ Compensation Appeals Board (WCAB) to keep your right to go to court if you have a dispute with the insurance company’s decision.
- Wait for the insurance company’s decision. The insurance company has 90 days to make a decision as to whether the claim will be accepted or denied. While the claim is on delay (during the 90 days), the insurance has to pay up to $10,000 in medical treatment. During this time, the insurance does not have to pay temporary disability benefits.
- Deal with the decision. If the workers’ comp insurance company denies your claim and you have filed an application for adjudication of claim with the WCAB, you still have options, including an appeal.
The doctor you choose is crucial. Your doctor determines the benefits. If you do not have a doctor you trust, we can help you find an in-network physician who will treat you fairly.
The Workers Compensation System Is Complex
It is not easy to navigate the workers’ compensation laws. You need guidance and proper legal representation to protect your rights. Many injured workers refrain from filing a claim because they think they are suing their employer. This is a misconception. When you file a claim, you are asking for benefits from an insurance company, not your employer. It is your right to have representation. Don’t let anybody tell you otherwise.
We Fight Against Insurance Companies To Protect Your Rights.
Call today to schedule a free consultation: 619-734-9238. Or send us an email. Se habla español.