Smith & Baltaxe, LLP

Filing a Workers’ Compensation Claim

If you live in the state of California and you have been injured on the job, you may be entitled to benefits under California’s Workers Compensation Act. Filing a workers’ compensation claim can be a complicated process. Attorneys Byron Smith and Bernhard Baltaxe at Smith & Baltaxe, LLP in San Francisco, CA, can help you determine if you meet the requirements for worker's compensation and assist you in filing a workers’ compensation claim in an accurate and punctual manner. You can reach us at (415) 292-7800 or send us a message online to book a free case review.

Reporting the Injury

The first step before filing a workers’ compensation claim is to seek immediate medical care. In an emergency situation, you should visit the nearest hospital for treatment. In other instances, you may need to locate a specific provider within the company’s insurance network. In either case, it is important to inform your medical team that your injuries are job-related. 

After you have received medical care, you should report your illness or injury to your employer. In the state of California, written notice must be given within 30 days of the incident. Otherwise, you could lose your right to workers’ comp benefits. However, there are certain exceptions. For instance, if your injury resulted in a coma that left you unable to provide notice, you may be able to file a claim.

workers comp
Filing a workers' comp claim can be complicated. We are here to help make sure you collect the compensation you need in order to recover.

Filing the Claim

Once you have reported your injury to your employer, they have one business day to provide you with the necessary paperwork. This should include Form DWC-1 – known as the workers’ compensation form – as well as information about eligibility for benefits, your rights, and other important details regarding the workers’ comp filing process. Simply follow the instructions listed on the employee portion of the form, listing every body part that was injured in the incident. Once complete, the form should either be handed directly to your employer or sent via certified mail through the United States Postal Service. Your employer will then fill out their portion of the form, provide you with a copy, and mail the original to the insurance company. 

When filing a workers’ compensation claim, it is extremely important to meet all of the deadlines.

After the Claim

Once the claim form has been submitted, your employer’s insurance company will need to authorize payment for your medical treatment while the investigation is underway. By law, they must provide up to $10,000 in medical care. If your claim has not been denied within 90 days of submission, it is considered approved. 

If you must miss work due to your injury, the insurance company should commence temporary disability benefits within 14 days. If this does not happen, the insurance company must pay a late penalty, which is typically 10 percent in addition to the disability benefits

Contact Our Law Firm

Workers' compensation claims require great care and attention to detail. It can be difficult to file properly when trying to cope with the aftermath of an injury. Our attorneys can help you file properly and collect the maximum amount for which you are eligible. To schedule a consultation, contact us online or call us at (415) 292-7800. Time limits apply, so it is in your best interest to reach out as soon as possible.

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