Do I need to fill out the claim form (DWC 1) my employer gave me?
Yes, if you want to make sure you qualify for all benefits. If you do not file the claim form within a year of your injury you may not be able to get benefits.
Your employer is supposed to give you a DWC-1 claim form within one day of knowing you were injured. Filling out the claim form opens your workers comp case. State law also lays out benefits beyond the basics you may qualify for once you file the claim form with your employer.
Those benefits include:
- A presumption that your injury or illness was caused by work if your claim is not accepted or denied within 90 days of giving the completed claim form to your employer
- Up to $10,000 in treatment under medical treatment guidelines while the claims administrator considers your claim
- An increase in your disability payments if they're late
- A way to resolve any disagreements that might come up between you and the claims administrator over whether your injury or illness happened on the job, the medical treatment you receive and whether you will receive permanent disability benefits.
What if my employer didn't give me a DWC1 claim form?
Ask your employer for the form or call the claims administrator to get it. The claims administrator is the person or entity handling your employers claims. The name, address and phone number of this person should be posted at your workplace in the same area where other workplace information, like minimum wage, is posted.
Then you need to fill out the DWC-1 (that is, the claim form). Make sure you keep a copy for yourself. Then give a copy to your employer and send a copy to the claims administrator. If you can e-mail the claim form to your employer or supervisor, then you will be able to prove you gave your employer a copy of the claim form.
California Law Protects You
California has strong laws that protect employees from retaliation for bringing a workers compensation claim. Reputable workers compensation law firms in California will help you stand up against workplace discrimination for filing a workers compensation claim.
If you are being discriminated against because you have been injured at work you need a strong California Workers Compensation Attorney.
For more information call 619-304-1000
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.