California Workers Compensation - What Should I Put Down On The Claim Form

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This website provides information to injured workers and their families. Our goal is to level the playing field between seriously injured workers and insurance companies. We expose the tricks, traps, and techniques they use to cheat injured workers out of their legal rights. We provide vital information so you can make informed decisions regarding your California workers compensation case.

Workers Compensation Claim Form - DWC-1?

Caution should be taken in how the workers compensation claim form (DWC-1) 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 case. It is best to have a seasoned workers' compensation attorney help you fill out the form. However, absent that, a few considerations should be kept in mind.

One consideration to be made carefully is statements of "fault" or "causation". Under California workers' compensation law, fault is not supposed to be an issue. However, this can become an issue, inadvertently, when a worker makes an incorrect statement of fault (that is, who caused your serious injury). Often times, injured workers may not have all the information needed to reach an accurate conclusion as to who or what actually caused their injury.

For example, it may be easy to state that a co-worker negligently operated a forklift, causing injury, because that's how it may appear at first. However, further investigation may reveal that the injury was actually caused by the forklift's defective design, and that other people have been injured or killed previously because of the same unsafe machine.

Therefore, it is usually better to keep the DWC-1 statement brief and in general terms.

For example:

"Forklift injury - amputated right leg. Also injured left leg, body, 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 as well as suspected body parts are provided.

The part about "Please see medical reports for a complete report of all injuries" is not always necessary but is a nice detail. It lets your....

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What Should I put down on the claim form (DWC-1)? California Workers Compensation - - What should I put down on the California Workers Compensation Claim Form - DWC-1? #1 Rated San Diego Workers Comp Attorney