How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You should notify your employer immediately if you have a job related injury. The longer you wait to inform your employer, the higher the risk of your claim being denied. Under no circumstances should you wait longer than 30 days to inform your employer or benefits will be denied.

Under California law, your Employee`s Claim For Workers` Compensation Benefits form (form DWC1) and the Application for Adjudication of Claim (mediation) must be filed within one year from the date of injury. If the insurance company has provided benefits or paid benefits, your claim must be filed within five years of the date of injury. Death benefits have a oneyear time limit from the date of death. Time Limitations begin to start from the date of your accident and there are some exceptions to these rules for specific or traumatic injuries or for situations where the employer does not notify you of your rights.

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

California law requires employers to have workers` compensation insurance. Some outofstate employers may need workers` compensation coverage if an employee is regularly employed in California or a contract of employment is entered into in California. People in business for themselves and some unpaid volunteers may not be covered, while maritime workers and federal employees are usually protected by under federal laws.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

The employer usually controls the medical treatment for the first 30 days after the injury is reported. After the initial 30 days the employee is allowed to select any treating physician they wish. Though, if the employee has notified the employer prior to the injury that they have a personal physician, that physician may treat the employee from the date of injury. Choice of treating physician may be different if the employer has selected a managed care program.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you have been released by your doctor for work in a modified position or to work parttime, your employer should make every effort possible to accommodate you. If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage replacement benefits usually will be a part of the difference between your current earnings and what you earned at the time of your injury, not exceeding the maximum compensation rate for the year you were injured as allowed by state law.

My Employer Has Denied My Claim, What Do I Do?

Mon, 24 Mar 2008 17:04:49 GMT

First see if you can resolve any dispute through your employer or their insurance company. If you still cannot resolve the issue, you can contact an Information & Assistance officer. They can help answer questions and help injured workers get the proper forms and information they need in order to help resolve your claim. If you have a serious dispute it may require a decision by a workers` compensation referee or judge. In this case you must file an Application for Adjudication (mediation) with the Workers` Compensation Appeals Board. This must usually be done within one year from the date of your injury or the last date you were paid benefits.

For more information regarding your rights under California Workers` Compensation laws, contact the Division of Workers` Compensation Headquarters or your local Workers` Compensation Appeals Board district office at the phone number listed below.

Division of Workers` Compensation Headquarters
455 Golden Gate Ave., 9th Floor
San Francisco, CA 941023660
4157034600

Worker`s Compensation Appeals Board
District Offices

Anaheim, 92801 1661 N Raymond Ave, Ste 200 (714) 7384038	San Bernardino, 924011888 464 West Fourth St, Ste 239 (909) 3834522
Bakersfield, 93309 1800 30th Street, Rm. 100 (661) 3952514	San Diego, 921013690 1350 Front Street, Ste 3012 (619) 5254589
Eureka, 955010421 100 H Street, Rm. 201 (707) 4415723	San Francisco District Office, 94102 455 Golden Gate Ave, 2nd Floor (415) 7035020
Fresno, 937212280 2550 Mariposa Street, Rm. 2035 (559) 4455355	San Jose, 95113 100 Paseo de San Antonio, Rm. 223 (408) 2771292
Grover Beach, 934332261 15652 Grand Avenue (805) 4813296	Santa Ana, 927014080 28 Civic Center Plaza, Ste 451 (714) 5584597
Long Beach, 908024460 300 Oceangate Street, 3rd Floor (562) 5905240	Santa Barbara, 93101 1525 State Street, Ste 102 (805) 9669872
Los Angeles, 90013 340 West 4th Street, 9th Floor (213) 5767389	Santa Monica, 904055200 2701 Ocean Park Blvd, Ste 222 (310) 4521188
Oakland, 94612 1515 Clay Street, 6th Floor (510) 6222861	Santa Rosa, 95404 50 D Street, Ste 430 (707) 5762452
Pamona, 91766 435 W Mission Blvd, Ste 300 (909) 6238568	Stockton, 952022314 31 East Channel Street, Rm. 417 (209) 4636201
Redding, 960012796 2115 Akard, Rm. 21 (530) 2252047	Van Nuys, 914013373 6150 Van Nuys Blvd, Rm. 105 (818) 9015374
Riverside, 92501 3737 Main Street, Ste 300 (909) 7824347	Ventura, 930036085 5810 Ralston Street, Rm. 115 (805) 6544701
Sacramento, 95825 2424 Arden Way, Ste 230 (916) 2632741	Walnut Creek, 94598 175 Lennon Lane, Rm. 200 (925) 9778343
Salinas, 93906 1880 North Main Street, 1st Floor (831) 4433058	Á

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

In general, you may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses may be covered and the dependents of the deceased worker may be entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Wed, 19 Mar 2008 07:09:43 GMT

Temporary wage replacement benefits are not paid for the first three days you are disabled unless you are hospitalized or unless you are unable to work for more than fourteen days. You are generally paid 2/3s of the pretax wages you lose after your third day off work while recovering from an injury. This amount is subject to the maximum weekly allowance set by state law. Once your doctor releases you to return to work or declares your condition to be stable, the temporary disability benefit stops.

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