Everything was fine. You were working and bringing in a consistent paycheck. Then, everything came crashing down.
You got hurt on the job. Now, you can’t work. And you’re not sure how you’ll pay your bills.
This happens all the time. In fact, it happened to 419,300 California workers in 2022 alone, according to the U.S. Bureau of Labor Statistics.
The good news is that you’re not out of luck. California’s workers’ compensation system allows injured workers like you to file a claim for workers’ comp benefits to stay afloat during your recovery.
But how, exactly, do you file a work accident claim in California? We’ve got you covered. Read on to learn more, or reach out to Koh Legal Group for help with your claim.
Who Can File a Workers’ Compensation Claim?
Before we get into how to file a claim for workers’ compensation benefits as an injured worker, let’s take a look at who is eligible to file a claim in California.
Any California worker injured who suffered a work-related injury or illness may file a claim for workers’ compensation benefits. That includes full-time and part-time workers.
Independent contractors are technically not entitled to workplace injury benefits. However, employers often misclassify workers as independent contractors. So, even if your employer calls you an independent contractor, you may be entitled to work comp benefits.
That’s why it is important to discuss your situation with an experienced California workers’ comp attorney.
Why Reporting a Work Injury Is Important
Reporting your work injury is the first step in filing a work accident claim in California. In fact, you have to report your injury to your employer in order for them to give you the claim form you will have to fill out.
If you go too long without reporting your injury, you could miss your chance to receive workers’ comp benefits. And even if you don’t miss your chance, you may start to forget details about your injury or accident, potentially weakening your claim.
How Do I File a Claim?
Generally, you will need to follow these steps to file your California work accident claim:
- Report your injury to your employer within 30 days. They have to give or mail you the workers’ comp claim form within one working day. If they don’t give you the form, you can download it here.
- Fill out the “employee” section of the form. Be detailed and make a copy for your records.
- Give the filled out form to your employer in person or by mail as soon as possible (within one year, but sooner is usually better). If you mail the form, use certified mail and request a return receipt.
- Your employer will fill out their part of the form and send it to the workers’ comp insurance company.
- The insurance company should notify you of the status of your claim within two weeks.
Note that if your claim isn’t denied within 90 days, it’s legally assumed that your workplace injury will be covered by workers’ compensation.
If you have any questions or concerns about the above steps, do not hesitate to reach out to Koh Legal Group for the answers and legal assistance you need.
What Benefits Will I Receive?
If your California work accident claim is successful, you may receive the following benefits:
- Temporary disability. Temporary disability benefits provide two-thirds of lost wages due to temporary disability caused by your injury.
- Permanent disability. These benefits compensate employees for work-related injuries that cause permanent impairment. This benefit is calculated based on the severity of your injury extent, age, job, and other factors.
- Medical care. Injured workers like you are entitled to necessary medical care for work-related injuries, subject to treatment guidelines and insurer review.
- New job training. The “Supplemental Job Displacement Benefit” provides a $6,000 voucher for retraining and skill enhancement if you have permanent disabilities.
In the event that a worker dies on the job in California, their loved ones may be entitled to death benefits. These benefits usually cover expenses like lost wages of the deceased and funeral costs.
To learn more about the available benefits, reach out to a qualified workers’ comp attorney.
California Work Accident Claim FAQs
If there’s one thing that unites injured workers in California, it’s the fact that they have lots of questions. Trust us when we tell you we’ve heard (and answered) them all.
Here are come of the most common questions we get about work accident claims:
What Information Do I Need to File a Workers’ Compensation Claim?
The California workers’ compensation claim form asks for the following information from injured workers:
- Name
- Date
- Address
- Date, time, and location of the injury
- Description of the injury
- Social security number
What Qualifies as a Workers’ Comp Claim?
In California, nearly any injury that happens during the course of your employment can qualify as an incident compensable by workers’ comp. You need to report your injury and then fill out the workers’ comp claim form. The official form is the only thing that qualifies as a claim.
When Do I File a Workers’ Compensation Claim?
You generally have 30 days to report your injury and a year to file your claim. There are some exceptions, though, so it is important to discuss your situation with an attorney if you believe you might have missed the deadline to report or file.
What Are the Employee’s Responsibilities?
The California workers’ compensation system mostly puts the responsibility on your employer. But as an injured worker, you are responsible for reporting your injury on time, filing your claim on time, and remaining truthful throughout the claim process.
What Does Workers’ Compensation Cover?
California workers’ comp benefits primarily cover the following:
- Medical care
- First aid treatment
- Temporary disability
- Partial disability
- Some job retraining
- Death benefits
Need Help with a Workplace Injury Claim? Call Us
Filing a work accident claim to receive California workers’ compensation benefits is necessary but far from easy. And the last thing you need when you’re dealing with a serious work injury is a big, complicated, overly bureaucratic process to get the benefits you’re legally entitled to.
Fortunately, law firms like Koh Legal Group are here to help you file your claim and file it successfully. We’ve helped countless injured workers just like you get their benefits while minimizing their stress.
Ready to get the help you need? Contact us. Give us a call at 213-232-2725 or contact us online as soon as you’re ready.
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If you or a loved one have been injured on the job, please contact us to assist you with your workers’ compensation and personal injury claims
