San Diego Workers Compensation Lawyer Straight Talk Starting A

San Diego Workers Compensation Lawyer Straight Talk Starting A California Workers Comp Claim

In order to start a workers compensation claim in California, the injured worker (or their dependents in a work death case) must give the employer notice of the injury. The employer must notify the injured worker of possible workers' compensation benefits and provide the worker a claim form. This is called a DWC-1.


The employee is then supposed to provide the filled out the DWC-1 claim form, back to the employer and there is a section that the employer is supposed to fill out. Then the employer is supposed to give a copy of the filled out DWC-1 to the injured worker.


It should be noted that as a practical consideration the employer/ workers' compensation carrier has to be informed of a work injury or how else will they know they need to provide wokers compensation benefits?


Caution should be taken in how the workers compensation DWC-1 claim form is filled out. Remember, everything that is placed on the form can and will be used against you in a court of law. Namely, the WCAB or the Superior Court in a third party claim. As always, it is best if a seasoned California workers compensation lawyer helps you fill out the form initially. However, absent that - - a few considerations should be kept in mind.

One is statements of "fault" and/or "causation". Under California workers' compensation law fault/ responsibility is not an issue. Where this becomes an issue is when a worker makes a statement of fault (that is whom caused the serious injury).


It has been our experience injured workers are usually not in the best position to give an opinion as to whom caused their injury. It's easy to write that a co-worker negligently used a forklift, for instance. Until you find out - - due to the forklift's dangerous design - - workers have been regularly injured/ killed due to the unsafe product defect for years.


Thus, it usually better to keep the DWC-1 statement brief and in general terms. An example might be:


"Forklift injury - amputated right leg - also injured left leg, right hip, back and head. Please see medical reports for a complete report of all injuries."


Notice that a description of the incident was given: "Forklift injury." That's enough. No more information is needed. You have protected your rights.

Notice also that all known/ suspected body parts are provided. Please note the part about "Please see medical reports for a complete report of all injuries." This leaves a lot of wiggle room should you have injuries that are not necessarily apparent when the form was filled out.


For example, when you have lost your leg any injuries to your head may not have seemed so important. However, after extensive neurological testing - - the head injury/ cognitive injuries you received when your head slammed the pavement when you fell, may cause more future problems in regards to employment than the loss of your leg does. You never know. So why take a chance? List all body parts and state, "Please see medical reports for a complete report of all injuries."


Filling out a DWC-1 technically begins the claim under California workers' compensation law. However, it doesn't get you into the Workers' Compensation Appeals Board. In order to have a case number assigned and actually begin the case at the WCAB court house an Application must be filed.


The better practice is to file an Application as soon as possible. By doing so - you are protecting your rights to California workers' compensation benefits.


Thus, the two main considerations you should have in starting your California workers' compensation case is to fill out a DWC-1 form and give it to your employer and to file an Application with the WCAB. Of course, you must also "serve" (read: legally deliver) the Application on the employer and the employer's workers' compensation insurance company.


Disclaimer:


This article is not legal advice. I am simplistic in order to achieve clarity. The circumstances of your case may vary from the circumstances described here. The foregoing discussion is based upon California workers compensation law. If you are a seriously injured California worker you should consult with a California workers compensation lawyer as soon as possible. A California workers compensation lawyer will almost always be able to get more benefits and money for your family then you trying to handle your California workers compensation case yourself.

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Bill Turley is a San Diego Workers Compensation Lawyer. Bill has been a San Diego Workers Compensation Lawyer since 1987. Bill was elected President of Consumer Attorneys of San Diego. Click here for the most comprehensive California work injury lawyer website.

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