What should I do after a workplace injury?
You are entitled to compensation for your medical bills and lost wages, but you must know the rules and follow them to protect your claim.
No doubt your first priority after a job injury is getting medical help, but you also don’t want to get stuck with the medical expenses. Following the proper procedure outlined in California workers’ compensation law is critical to protect your rights to receive workers’ compensation benefits which will not only cover your medical bills but also help replace lost wages as well. Here are some of the important steps to take if you’ve been injured on the job.
Notify your employer
You can’t get a workers’ compensation claim going if you don’t let your employer know what happened. The first step in a workers’ compensation claim is letting your employer know there was an accident. Even if the accident was your fault, this will not keep you from getting workers’ compensation, and you can’t be disciplined for filing a workers’ compensation claim, so let your supervisor or someone else in management know about the accident. Your workplace probably has a poster telling you who to contact if you get hurt on the job.
Once you notify your employer, they will arrange for you to get medical treatment and will authorize treatment up to $10,000 while your claim is pending. They will also give you an official form (DWC-1) to complete to get the process started of filing for workers’ comp benefits.
See a doctor
Your employer will provide you with the name of a doctor in the employer’s Medical Provider Network that you can go see for treatment. If you have predesignated your personal physician, then you can go see the doctor of your choice. Either way, make sure the doctor you see knows that you were injured on the job. That way, they will understand to bill workers’ compensation directly and will not send you any bills.
Of course, if you were seriously injured and need emergency medical attention, don’t worry about notifying your employer and waiting to get assigned a doctor. If you need to go to the hospital, then go. If you need to call an ambulance or have someone call one for you, do so. You have up to 30 days from the injury to notify your employer and still have a valid workers’ compensation claim, although the sooner you notify them, the stronger your case and the sooner you can start to receive workers’ comp benefits.
When should I get an attorney?
A workers’ compensation lawyer can help you if there is a dispute between you and your employer over the treatment you should receive or the size of your payments. If your claim is denied or if you are sent for a QME, an attorney can represent you in any hearings or appeals and protect your rights at every step for the best outcome and maximum benefits. If the claims process is proceeding smoothly and efficiently, you might not need a lawyer. But if the process is taking too long or you don’t understand what is going on, reach out to an experienced California workers’ compensation attorney for advice.
