California Workers’ Compensation Laws Require Timely Filing of Claims
Helping injured workers get claims accepted by the California workers’ compensation system
Invictus Law, P.C. helps injured California workers throughout Orange County — including Santa Ana, Irvine and Orange — and San Bernardino and Riverside counties get the compensation you deserve. We help you find the legal resolutions you need at affordable prices and provide you with the attention you deserve. Our goal is to resolve your legal matters with efficiency and effectiveness.
We understand workers’ compensation requirements
At Invictus Law, P.C. we are well versed in the steps required by the California Division of Workers’ Compensation (DWC) and the types of workers’ compensation benefits available to you. We can assist you with any step in the process, including:
- Filing your initial claim. You should receive the Workers’ Compensation Claim Form (DWC 1) from your employer within one working day after reporting your on-the-job injury to your company. As you fill out the employee section of the form, be as detailed as you can about your injury. When you’ve completed your portion of the form, give it or mail it to your employer. If you are uncomfortable filling out the form, we can assist and make sure all the necessary information is there for the claims administrator to decide that you deserve workers’ compensation benefits. If you choose to mail it in yourself, make sure you send it in a way that guarantees delivery, such as certified mail.
- Receiving a copy of the completed claim form. Your employer has one working day to complete the employer section of the claim form and send it on to the claims administrator. A copy of it goes to you. Please keep this copy.
- Receiving notification of the claims administrator decision. Usually a claims administrator works for a third party, such as an insurance company. He or she must accept or deny your claim within a reasonable period of time. He or she makes the decision about whether you qualify for disability benefits or not. If you don’t receive notification of a decision within 90 days, chances are strong that your claim has been accepted.
- Challenging the denial of your claim. If the claims administrator denied your claim, you can challenge the decision. You must file an application for adjudication of your claim at a DWC office in the county where you live or the county where you were injured. This starts the legal process to bring a case. You receive a notice that the case has been filed and you also receive a case number. You can also request a hearing before a judge.
We can help you gather evidence to support your initial claim or to support an appeal. We work hard to ensure that you receive the workers’ compensation benefits your injury merits. We also help take action against negligent parties through third-party liability claims.
Deadlines also govern medical report challenges
You may not agree with the report filed by the company-provided doctor who has been treating you. You can challenge the medical report by writing a letter to the claims administrator stating your reasons. This must be done within 30 days of receiving the medical report. Or, if you prefer to have our attorneys at Invictus Law, P.C. write and send the letter, we have 20 days to present the challenge in writing. If you do not have an attorney representing you, the claims administrator sends you a form and tells you how to find a doctor certified by the DWC for a medical evaluation.
You have 10 days to complete the form, indicating your choice of the evaluator’s medical specialty, and to return it to the DWC. The DWC then sends you a list — called a panel — of doctors, and you have 10 days to choose a doctor from this list. If you do not meet this deadline, the claims administrator chooses a doctor for you. If you do have legal representation, the process is different. Working together, we can choose a medical evaluator who does not have to be DWC-certified.
Get help from workers’ compensation attorneys so you don’t let requirements and deadlines slip
Invictus Law, P.C., with offices in Santa Ana and Ontario, California, represents injured workers to ensure they receive the workers’ compensation benefits they’re entitled to. Call us now at (949) 287-5711 or contact us online to schedule your risk-free, complimentary consultation. Se habla Español.