Workplace Injury Dos and Don’ts 

  • By:dialassociates
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1. Do report your injury to your employer right away. 

Reporting your injury immediately allows for early investigation of the cause of the injury and helps company prevent future injuries. It also helps you get the proper care and work adjustments for your injury. 

Don’t wait even one day to report your injury. 

Waiting to report your injury can complicate your insurance claim process. Also, your employer needs to be able to investigate the injury fully within 30 days for you to maintain your right to workers’ compensation benefits. 

 

 2. Do ask your employer for a Workers’ Compensation Claim Form (DWC-1). 

Fill out the form immediately. Then, submitting the form to your employer opens your workers’ compensation case and begins the process of finding the benefits you may qualify for under state law. 

Don’t forget to ask for your own copy of the completed form signed by your employer. 

Having your own copy is the way you can resolve any disagreements between you and the claims administrator over the cause of your injury, your medical treatment, and if you should receive permanent disability benefits. If you have given the form to your employer, it will be presumed that your injury was caused by work if your claim is denied within 90 days of giving your employer the form. You can also qualify for up to $10,000 under medical treatment guidelines while your claim is being considered. 

 

3. Do ask your employer to be sent to an industrial clinic for treatment. 

Be aware that you will be required to take a drug test during your examination. If your employer does not have a preference for where you’re going to be treated, go to your local emergency room and tell them you were injured on the job. Provide them with your employer’s information. 

Don’t delay seeking treatment for your injury. 

You’ll recover faster, and the sooner you receive treatment, the less time your employer has to argue that your injuries are not work-related. 

 

If you are undocumented or don’t have health insurance at the time of the accident or illness, you can still qualify for a workers’ compensation claim. You needn’t worry about involving the state, because California law does not allow inquiry into immigration status in such circumstances. You can also seek legal help at Dial and Associates PC in Orange County without papers. Steve Dial, the lawyer of Dial and Associates, is trusted and respected with more than 35 years of experiences. Steve Dial focuses on workers’ compensation cases and you can call anytime at 714-279-8055. 

Posted in: Employment Law

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