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WHAT TO DO AFTER A WORK RELATED INJURY?

The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately.

The person(s) that is considered your immediate supervisor is the person or persons you should first notify of your injury. In as clear and precise manner as possible, report to your supervisor exactly how the injury happened, noting the time and place where the event occurred. If the injury is serious enough for medical attention, request and insist that they send or take you to their emergency center for care.

Your employer must give you a DWC-1 claim form within one (1) day of knowing that you were injured. Filling out the claim form opens up your workers’ compensation claim. State law also lays out benefits beyond the basics that you may qualify for once you file the claim form with your employer. These benefits include, but are not limited to:

  • A presumption that your injury/illness was caused by work if your claim is not accepted or denied within 90 days of giving the completed claim form to your employer;

  • up to $10,000.00 under medical treatment guidelines while the claims administrator considers your claim;

  • an increase in your TTD disability payments if they are late;

  • a way to resolve any disagreements that might come up between you and your claims administrator over whether your injury or illness happened on the job, the medical treatment you receive and whether you will receive permanent disability benefits.

If your employer does not give you the DWC-1 claim form, ask your employer for the form or call the claims administrator to get it. The claims administrator is a person or entity handling your employer’s claims. The name, address and phone number of this person should be posted at your work place in the same area where other work place information, such as where the minimum wage is posted. You can also get the form from the Division of Workers’ Compensation (DWC) web site at www.dwc.ca.gov. In the left navigation pane, under I Want To, click on Find a Form.

Heiting & Irwin has extensive experience handling Workers’ Compensation matters. Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. If you or anyone you know has been in a work related injury, please do not hesitate to contact our office at (951) 682-6400 or visit our website: www.heitingnirwin.wpengine.com.

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