How Do I File a Workers Comp Claim?

If you are injured or made ill at work, get medical treatment immediately. Inform the treating physician that your injury or illness is job-related so that it is included in your medical records. Report the injury to your employer as soon as possible – immediately but absolutely no later than 30 days.

Filing Workers Compensation Forms

To officially file a workers’ comp claim, you must file ALL of the following documents with the Workers’ Compensation Appeals Board :

  • DWC-1 claim form
  • Application for Adjudication of Claim
  • Declaration Pursuant to Labor Code 4906(g)
  • Document Cover Sheet
  • Document Separator Sheets

You can file these forms in person at a WCAB district office, or by serving it on the WCAB by mail (with the proper a proof or service form), or you can have an attorney file for you.

Remember if any of these forms are missing or improperly filled out, your workers comp claim will be denied.

Waiting for the Workers Comp Insurance Company Response

Your employer’s workers’ compensation insurance company must respond to your claim within 14 days.

They must either:

(1.) Begin making temporary disability payments, or

(2.) Send you a letter denying your claim, or

(3.) Send you a letter stating that the insurance company is investigating your claim to see if it is valid.

If the insurance company states that they are investigating your claim , it has 90 days (from the receipt of your claim) to decide.

While the insurance company is deciding whether to accept or deny your workers comp claim, they are required to pay for your medical treatment, up to a maximum of $10,000.

If you the insurance company DENIES your claim, you must then appeal it. CLICK HERE to read How to Appeal a Workers Comp Denial

Call Our Long Beach Workers’ Comp Attorneys: 562-622-4800

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