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Grupo MedLegal® > Blog > California > Claiming Compensation for a Work Accident in California

Claiming Compensation for a Work Accident in California

Work-related accidents occur every day, some more serious than others. This means that in some cases, an employee must receive medical treatment in accordance with the complications caused by the injury. Workers that do jobs requiring repetitive motion can also develop illnesses such as carpal tunnel syndrome.

Both illnesses caused by a job and work accidents are covered under the law of workers’ compensation.

What steps should you take to claim compensation for a work accident?

If you have had an accident at work and need medical attention, you should inform your doctor how the accident occurred. Afterwards you should notify your employer within 30 days in order to insure that you can claim your benefits.

In order to claim compensation for a work accident, you should fill out a DWC 1 form. You should complete the first part of the form and your employer must fill out the second part in order to give it to the insurance company.

While your employer has one day to carry out this procedure, the insurance company has up to 14 days to determine whether or not you have a right to the claim.

What type of compensation do you have a right to for a work accident?

  1. Medical care: All procedures necessary to treat injuries caused by the work accident.
  2. Temporary disability benefits: You will receive a portion of your weekly salary, based on your average wages during the previous year of work.
  3. Permanent disability benefits: In case the disability is permanent, you will receive payments for life.
  4. Supplemental payments to help you find a new job: If you can go back to work, but in a different area, you have the right to obtain resources that can help you learn a new skill.
  5. Death benefits: Your spouse and minor children have the right to receive payments for the period of one year.

Should you consult a lawyer before claiming benefits?

The claims system is designed for you to be able to make a claim without the help of a lawyer. Nevertheless, the insurance companies that authorize the payment of benefits are public corporations that must make a profit and protect the interests of their investors.

The only person who can do everything possible to help you get rightful compensation after your work accident is the lawyer who is representing you.

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