Workers' Comp Process Attorneys in Walnut Creek, California

When an employee is injured on the job, they must take the proper steps to receive maximum compensation for their injuries. California workers' compensation law adheres to a very specific process which, if not followed correctly, could result in a less-than-ideal payout.  

If you have suffered an injury at your workplace, make sure that you know what you need to do to get compensated for your medical care and personal suffering. 

After a workplace injury, make sure you aren't stuck with the expensive medical bills. Call Brand Peters PC for skilled and aggressive legal representation. Our attorneys share 60 years of combined legal experience in handling both workers' comp and personal injury cases.  

Deadline on Filing Your Claim

First thing first: Time is of the essence when filing a workers' comp claim in California. The Workers' Compensation Appeals Board stipulates that an Adjudication of Claim must be filed within one year of the date of the injury. Failure to meet this deadline can result in the denial of your claim. Therefore, it's crucial to act swiftly and file your claim within your specified timeframe. 

There are some exceptions to this filing statute, such as for injuries that may not manifest symptoms until a later date. In these cases, the statute of limitations may be extended, but as a general rule of thumb, it's still important to file your claim as soon as possible. 

After a Work Injury: Immediate Steps to Take & How to File a Claim

1. You must report your injury to your employer immediately. The longer you wait, the higher your chances of a denial. Also, by acting in a straightforward manner with your employer, they will be less likely to doubt the honesty of your claim and more likely to offer you proper compensation. 

2. Then, even if your injury seems minor, seek medical attention immediately. Some injuries may not show symptoms right away, so getting medical care is vital. It is also important that you keep detailed records of all your accident-related expenses. Your employer's insurance may refuse to compensate you for medical bills, doctors' visits, or gas mileage to and from appointments unless you provide proof of the existence and validity of such expenses.  

3. Once you've reported your injury and sought medical attention, we recommend seeking the assistance of a workers' comp attorney. While a lawyer isn't required to file a workers' comp claim, working with one can make a huge difference in your case.  

4. Once you've reported your injury, your employer must give you a Workers' Compensation Form 1 to fill out and return. They should give it to you within a day, along with info about your rights and potential financial help. If they don't, you can download it from the California Workers’ Compensation (DWC) website. 

5. Follow the instructions on Form DWC-1, fill out the employee section, and then give it to your employer or mail it. Your employer completes the rest and sends it to their insurance company.  Make sure you get a copy of the completed Form DWC-1 for your own records.  

6. After all of these steps, if there is a dispute regarding your claim, you must then file an Adjudication of Claim with the Workers' Compensation Appeals Board within one year of the date of your injury. 

Having our qualified workers' comp attorneys by your side during this process can provide much-needed guidance and ensure your claim is filed correctly. Our experienced attorneys at Brand Peters PC can provide invaluable advice and guide you through any question, dispute, or process. 

What if You're Denied?

If your workers' comp claim is denied, don't lose hope. You still have options. To understand the full scope of your situation and get personalized guidance, consult with an experienced workers' comp attorney in your jurisdiction.

At Brand Peters PC, we have extensive experience handling workers' comp cases and can provide the necessary legal representation to fight for the compensation you deserve. 

What if I'm Fired Before I Can File a Claim?

If your employer terminates you before you can file a workers' comp claim, it's important to remember that this does not mean the end of your case. You still have the right to file a claim and receive compensation for your injuries if you meet any of the following conditions: 

• Your employer received a written notice detailing your injuries prior to terminating your employment. 

• You sustained the injuries after being terminated but before your last day at work. 

• Medical records verify that you suffered the injury before the layoff or termination. 

• You have a cumulative trauma injury that manifested symptoms gradually over time. 

For example, if you were terminated due to downsizing and then experienced pain from a repetitive motion injury a few weeks later, you may still have the right to file a workers' comp claim. No matter your circumstances, don't underestimate the importance of skilled legal counsel in these situations.