Filing Your Workers' Comp Claim

In the state of California, all workers designated as employees are eligible for workers’ compensation. This includes full-time, part-time, and seasonal workers. Additionally, it does not matter if your employer has 100 employees or just a single employee—all employers in California must carry workers’ compensation insurance (with very few exceptions).

That being said, you are not covered by workers’ compensation if you are an independent contractor. Other ineligible workers include domestic laborers (housekeeping, childcare, cooking, etc.) employed by family members, individuals who work for aid rather than wages, certain volunteers, and others. You can see a full list of workers who are not eligible for workers’ compensation in California here.

When Should You Get a Lawyer for a Work Injury?

You were recently injured at work and are wondering when you should get in contact with a workers’ compensation attorney. The simple answer is right away. However, the first thing you should do is seek medical treatment. No matter how “small” your injury may seem, it’s a good idea to get it treated. Going without treatment can make the injury worse or lead to another injury.

An experienced workers’ comp attorney will guide you through the complex process of getting the benefits and help you deserve.

In order to file a workers’ compensation claim, there are several important steps you must take. First and foremost, it is of the utmost importance that you are properly treated by a medical professional for your injuries/illness. If you are hurt, go to the doctor or call 9-1-1 right away. This is not only critical for your health and safety; it is also a key component of your workers’ comp claim.

You must also report the injury (or illness) to your employer prior to filing a claim. It is essential that you report the injury in writing to your supervisor or another appropriate individual within 30 days. If you suffer a work-related illness, you must report it to your employer in writing within 30 days of missing work due to the condition/seeing a doctor for the condition and being made aware that the condition is work-related (typically, because your doctor tells you so).

After reporting the injury, you should receive a workers’ compensation claim form (DWC-1) from your employer within one day. You may also download the form yourself on the California Workers’ Compensation (DWC) website. Fill out the employee portion of this claim and hand it in to your employer or send it in via USPS.

Why Should I Hire a Workers’ Compensation Attorney?

Workers’ compensation claims are rarely straightforward. It is not uncommon to run into various challenges when filing your claim. Your employer may dispute the validity of your claim, arguing that your injury is not work-related. The insurance company may deny your benefits. Your treating physician may decide you have reached maximum medical improvement and release you to return to work before your injuries have fully healed. Your employer may fail to offer you light duty work upon your return.

If your claim involves any complexity whatsoever, it’s in your best interests to work with an experienced attorney. An attorney can help you meet these challenges head-on and fight to protect your rights. At Pacific Workers', The Lawyers for Injured Workers, we are committed to helping injured workers across all industries get back on their feet. We believe in doing what’s right and, as such, we dedicate all of our time, resources, and skill to helping hard-working people in our community fight back against unjust insurance tactics.

Learn how our family of workers’ compensation lawyers can help you with your claim; call (888) 740-6434 today for a free, confidential consultation.

Navigate Workers' Compensation Claims in California with Confidence

Living and working in California, you know that the dynamic state life comes with its own set of challenges. If you’ve been injured on the job or diagnosed with a work-related illness, you’re not alone. However, filing a workers’ compensation claim can be particularly daunting. Mistakes on your application or disputes with your employer’s insurance provider could prevent you from receiving the benefits you deserve. That’s why it’s crucial to have a knowledgeable legal team by your side.

Seasoned Legal Assistance on Your Side

At Pacific Workers', The Lawyers for Injured Workers, we have a deep understanding of the local landscape and the specific challenges California workers face. Our attorneys are well-versed in the intricacies of the California workers’ compensation system. We are committed to helping you navigate the process smoothly and relentlessly pursuing the compensation you need.

We are familiar with local resources and government entities such as the California Division of Workers' Compensation (DWC) and the California Workers' Compensation Appeals Board. While we don’t claim partnerships, we understand how these entities operate and can guide you through interactions with them effectively.

When you choose our firm, you’re not just getting a lawyer; you’re getting a dedicated team that knows California and is ready to support you every step of the way. We can answer your questions, address your concerns, and help you pursue the benefits you’re entitled to.