Reporting Your Work Injury Claim
Did You Know?
One out of every five workers injured on the job last year are mired in a workers compensation maze of confusion, delays and litigation.
As an employee receiving workers' compensation benefits, you have some important responsibilities which include:
- Promptly reporting your injury or any change in your physical or medical condition to your supervisor;
- Providing all necessary information to explain the circumstances or your injury;
- Documenting your medical condition and treatment, and helping us handle your claim;
- Promptly reporting any change in your employment or financial situation to your supervisor;
- Following the treatment plan prescribed by the health care professionals who work with you; and cooperating with all the people assigned to help you return to work quickly.
A claim of injury may be reported in many ways:
(a) requesting and filing out a claim form for your employer,
(b) orally reporting the injury to the employer, and
(c) having a representative- i.e an attorney-submit the claim form on your behalf.
Generally, the reporting of a claim is done via a "Claim Form." A Claim Form is a form produced by the State of California. If the employer does not have one, the worker can obtain one from their local Workers' Compensation Appeals Board. The front desk should have the form available.
If a worker cannot get a claim form, the worker should simply write a letter advising to their employer that they sustained an injury that they consider to be work-related. This should be considered sufficient for the purpose of providing notice to the employer of the claim of injury. The worker should be sure to keep a copy of the letter, and note the date and the person who it was turned into.
NOTE: Although a worker may "orally" inform their employer of an injury, it is always recommended that the worker obtain some written document evidencing the claim of injury. If the worker did only orally report it, the worker should immediately write down the date and time they did so. Further, the worker should write down to who it was reported to and whether there were any witnesses present. We strongly recommend that an attorney should be consulted before the decision is made to file a workers' compensation claim with your employer.
YOU MAY BE ENTITLED TO MONETARY COMPENSATION.
If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled a Workers' Compensation case in your state, you may use this Free Online Consultation Form.
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