Hovssepian Law · Workers' Compensation
Injured at Work in California?
Here's What to Do Immediately
By Edric Hovssepian, Attorney at Law · Glendale, California
If you were injured at work in California, you have important legal rights, and important deadlines. Acting quickly can make the difference between receiving full benefits and losing your claim entirely. Here is what you need to do right away.
Step 1: Report Your Injury Within 30 Days
Under California Labor Code § 5400, you must report your work injury to your employer within 30 days of the injury or of becoming aware that your illness or condition is work-related. Report it in writing and keep a copy. Missing this deadline can result in your claim being denied.
Step 2: Get the DWC-1 Claim Form
Your employer is legally required to provide you with a Workers' Compensation Claim Form (DWC-1) within one working day of learning about your injury. Complete it, keep a copy, and return it to your employer. This officially opens your workers' compensation claim. Do not let your employer discourage you from filing.
Step 3: Seek Medical Treatment
Your employer's workers' compensation insurance is required to authorize medical treatment within one working day of receiving your claim form. In the meantime, you are entitled to up to $10,000 in medical treatment while your claim is being investigated. Seek treatment immediately and document all medical visits, diagnoses, and prescriptions.
Step 4: Know Your Benefits
California workers' compensation provides five categories of benefits:
- →Medical Treatment, All reasonable and necessary medical care paid by your employer's insurance
- →Temporary Disability (TD), Two-thirds of your average weekly wages while unable to work (Labor Code § 4653)
- →Permanent Disability (PD), Ongoing payments if you have a lasting impairment (Labor Code § 4660)
- →Supplemental Job Displacement, Up to $6,000 for retraining if you cannot return to your prior job
- →Death Benefits, For surviving dependents if the injury causes death (Labor Code § 4700)
Step 5: Contact a Workers' Compensation Attorney
Insurance companies work to minimize your claim from day one. Having an experienced workers' compensation attorney on your side ensures you receive every benefit you are entitled to. Hovssepian Law represents injured workers exclusively, never employers or insurance companies, and handles workers' comp cases on contingency.
Injured at Work? Call Hovssepian Law Today.
Free consultation · No fee unless we win · Injured workers only
Free Consultation (323) 410-0100