Filing Workers’ Compensation Claim

Even in an ordinary office, a person may still have the possibility getting injured. Although, workplace injuries are more common in jobs that require physical strength. When an employee is injured while completing a task, and also ends up acquiring monetary losses in the process, a workers’ compensation claim can be filed.

In California, the awarding of workers compensation is compulsory. The compensation for temporary total disability can be received by the employee three days following the injury. For other types of benefits (medical care, permanent disability, supplemental job displacement or vocational rehabilitation, or death benefits), the compensation is retroactive if the disability continues for 14 days from the starting date of injury.

If the employees get to enjoy monetary benefits from workers’ compensation, then their employers get to enjoy a different kind of benefit, in form of legal immunity. Agreeing to workers’ comp means the injured loses his right to make any legal action against his employer. 

Employees should follow these steps when filing for a workers’ comp claim.

1. Seek medical attention immediately after the injury. Whether the harm is serious or not, the employee should give attention to it because more often than not, a minor injury can turn into something severe. Medical attention is also important since the attending physician needs to verify the claim.
2. Notify the employer in order to get workers’ compensation forms needed to be filled out. This will serve as the official record of the injury that can be used to initiate the claim. At times, the employer may also suggest the physician who can attend to the employee’s injury. Workers’ comp forms are available at the US Department of Labor or Workers’ Compensation office.
3. Return the forms to the employer once completed.
4. Get a second opinion on the claim. The employer’s insurance company may require the injured to see a different doctor. After the examination, a recommendation for benefit payment will be made.
5. Consult with a Los Angeles employment lawyer if the case gets too complex, like in the event of a serious injury or if the employer retaliated against the claimant. Since most workers’ comp claims are brought to the state administrative agency, the attorney should be someone who is experienced in administrative procedures.

The claimant may also appeal his claim if rejected or disputed. It will be brought to a hearing before the Workers’ Compensation Board at first. And if that is still unsuccessful, the case may be brought before a Workers’ Compensation Administrative Law Judge.


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