How to Claim Work Compensation in California

In California, workers' compensation laws require employers to cover their employees with insurance that will pay for medical treatment and indemnity for time lost because of a workplace accident. A workers' comp claim hinges on timely reporting, so if you do suffer an injury on the job, follow the required legal steps to notify your employer.

Things You'll Need

• California Form DWC-1

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Instructions

• 1

  Report the accident immediately to your supervisor, who will then contact your company's workers' compensation carrier to report the incident. If you suffer an injury or illness on the job without reporting it within 30 days, your claim for benefits or indemnity may be denied. Get emergency medical treatment if you need it, and make sure that you follow up with the doctors as instructed.

• 2

  Request Form DWC-1 from your employer, who should have this form available on the work premises. If you cannot get a copy of the form from your place of work, download and print it out from the link in Resources. The law requires your employer to furnish this form within one day of receiving notice of an injury, or of having knowledge of an injury, that results in any lost time from work. It also requires the employer to furnish you with a Notice of Potential Eligibility explaining your rights as an injured worker.

• 3

  Send the form to your employer via U.S. mail, Certified Receipt Requested. Certified mail offers you a way to prove that the form was mailed and received and also verify the date of receipt. If the employer does not deny your claim within 90 days of receipt of the form, the claim is deemed as accepted as compensable. The workers' compensation carrier is liable for medical treatment related to the injury or illness.

• 4

  Receive a copy of the completed DWC-1 from your employer, who must also furnish a copy to the workers' compensation insurance company. The carrier is required to authorize medical treatment within a day of receiving the form. The employer may be held liable for medical treatment costs until the claim is reported, up to $10,000, so prompt action on your part and by the employer is in the best interests of everyone.

• 5

  Fill out Form DWC-9783, or California Predesignation of Personal Physician, to inform your employer of the physician who treated you. You may need to use a physician designated by the employer, but you should be notified of that requirement when you are hired by the company, and before any accident takes place.