Filing a Workers Compensation Claim

Filing a Workers Compensation Claim

If you’ve suffered a head injury, neck injury, knee injury, amputation injury, stress injury, back injury, shoulder injury, foot injury, hand injury or any other type of injury in a work-related accident, your legal rights may allow you to obtain workers’ compensation benefits for injury damages. Who can file a claim to request work comp benefits? Almost any full or part time employee located in the state is eligible to collect work comp benefits, even workers who were responsible for the injury. Workers who were diagnosed with an occupational illness, such as mesothelioma, may also be able to obtain benefits.

Work Injury Lawyers in Stockton

After sustaining an injury at work, it’s your responsibility to report the injury to a supervisor or someone of authority at work. You should talk to your supervisor as soon as possible. Per law, you only have 90 days from sustaining the injury to tell work about your injury. Ninety days may seem like a long time, but it’s not uncommon for a claim to be denied because the injury was not reported on time. When you talk to your supervisor, it’s best to note the location of the accident and any body parts affected by your injury. For example, if your broken ankle is causing you foot pain, tell your supervisor.

Work Comp Attorneys in Stockton

So, you’ve told your employer about your injury. Now what? Your employer should have provided you with a Workers’ Compensation Claim Form (DWC1). You must fill out the “employee” section of the form and submit it to your employer. Make sure to sign and date the DWC1 form and make a copy of it for your records. If your employer did not give you a claim form, you can find a copy of the form on the Division of Workers’ Compensation website.

Workers’ Compensation Lawyer in Stockton

Once you have completed the DWC1 form and submitted it, your employer should file the claim with their insurance carrier. The insurance carrier has 14 days to deny or approve your claim. Keep in mind, just because the insurance company has 14 days to make a decision regarding your request it does not mean you have to go 14 days without medical care. The law allows you to receive up to $10,000 dollars in medical care while the insurance company reaches a decision. If your claim is approved, you’ll continue to receive medical care until you achieve maximum recovery. However, if your claim is denied, payments will be stopped immediately.

Why would the insurance company deny a claim? Insurance companies deny claims for a number of reasons and sadly, are often looking for a reason to deny a claim. The more claims the insurance company denies, the less they have to pay out. Insurance companies are relying on anonymous administrators to decide whether or not to approve a request for medical care. Shouldn’t you rely on a professional and qualified lawyer to fight for your legal rights?

Stockton Work Injury Attorney

To learn how an aggressive work comp attorney at Workers’ Compensation Attorney Group in Stockton can assist you, call 209-451-9371 right away. Utilizing partnerships with medical and investigation experts, they will build a strong case supporting your legal right to full and fair benefits. Every work injury lawyer in our group offers free case reviews and won’t pressure you to hire them. Are you concerned about the cost of hiring an experienced attorney? Every workers’ compensation lawyer we work with doesn’t get paid until you do!