Ask an Attorney: How to File a California Workers’ Compensation Claim
Filing a Claim
After becoming informed of your injury, your employer must give or mail you a workers’ compensation claim form within one working day. It’s important to read all of the information provided on the claim form and sign the employee portion of the document. Be sure to fully describe your injury in as much detail as possible and include every affected part of your body. When you give the completed form to your employer, you’ve officially filed your claim.
Even the first steps of preparing a workers’ compensation claim can be a slow and confusing process if you don’t know exactly what documentation and reporting procedures are necessary to support your claim. If information is missing or inaccurate, it’s more likely your claim will be delayed, questioned, or denied.
At Accident Recovery Legal Center, our attorneys possess in-depth knowledge about the claim process in Monterey and Santa Clara counties. We will work tirelessly to protect your rights, gather information to support your claim, plan a strategy for your case, keep track of important deadlines, and effectively represent you in workers’ compensation hearings and third-party injury claims.
Receiving Medical Care
In cases of medical emergencies, your employer must ensure that you have access to emergency treatment right away. For nonemergency care, the claims administrator is required to authorize treatment within one working day after you file your claim. While investigating your claim, your employer must authorize necessary treatment up to $10,000. If your employer’s claims administrator does not authorize such treatment, speak to your supervisor, manager, or claims administrator. If immediate treatment is still not authorized, use your own health insurance to get medical care or consult a doctor, clinic, or hospital that will treat you without immediate payment. The healthcare provider can seek reimbursement from your employer’s claims administrator later.