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How Do I File for Workers’ Compensation in California? What Is It and Much More!

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How Do I File for Workers' Compensation in California?
How Do I File for Workers’ Compensation in California?

 

How do I file for workers’ compensation in California is one of the most commonly asked questions. This is why we wanted to prepare this guide and inform you about everything you may need to know.

Before starting, we would like to note that every employer in the state must have special insurance for workers compensation. This is required by the law and employees who will not follow these will be charged with penalties.

Thanks to these laws and regulations, workers can enjoy compensation in case of any injury or death at work. So, if you also wonder how do I file for workers’ compensation in California, then let’s check out the answer together.

Who Can File for Workers Compensation in California?

We believe, you are working in California already and this is why you are looking for an answer to the question of how do I file for workers’ compensation in California. If so, then you are eligible to file workers compensation in the state.

Anyone, who is working in California and suffered an injury at work can benefit from certain advantages and privileges. All your rights are covered by the California Constitution and you do not have to worry about getting your compensation.

However, sometimes the process may take longer and you may have to work with a workers compensation lawyer, which we will cover in the following.

How to File for Workers Compensation in California?

You need to know and complete two steps if you wonder how do I file for workers’ compensation in California. The first one is notifying your employer and the second one is getting the required notices from the insurance company.

According to the Labor Code Section 5400, employees who suffered an injury at work should notify their employer in writing 30 days after the event. However, if you fail to give notice to your employer, it does not mean that you cannot file workers compensation.

All you need to do is filling a claim form and then give this form to your employer to initiate the process.

Notify Your Employer

As we noted before the first thing you need to do is fill out the claim form for those who wonder how do I file for workers’ compensation in California. This form includes information you need to fill such as your social security number, injured parts, address, date, time, and description of the injury.

After your employer will get this notice, he or she will fill the relevant sections on the form and then submit it to the insurance company. Do not forget to sign the form before you give it to your employer as well. Your employer will also need to sign it before mailing it to the insurance company.

Get the Required Notices

Now, we are in the second part about the things that people who wonder how do I file for workers’ compensation in California should do. In fact, there is not much you can do at this part. The insurance company will contact you within a week or two about the processes.

Moreover, you will be informed about your rights and you may have to take certain tests or provide additional documents as proof. These documents are often hospital reports or police reports if any police officer had to come to the injury area.

Most of the time, you will resolve the problem at this stage. However, if you may need to dispute, then keep reading.

Hire a Workers Compensation Lawyer

Sometimes, employees believe they need to file a dispute against the decision. In such cases, we recommend to people who wonder how do I file for workers’ compensation in California to hire a workers compensation lawyer.

You can always let the court decide and request a detailed investigation. However, as your lawyer may also advise you, first you and your lawyer will try to negotiate with the insurance company. Most of the time, the problem will be settled between the parties without any trial.

Working with a professional can be really helpful for you to conclude your demands and get satisfying compensation.

Can You Keep Your Job After You File for Workers Compensation?

Of course, you can keep your job even after you file for workers compensation. According to the laws and regulations in California, it is illegal to discriminate against an employee because that employee files for workers compensation claim.

Now you know everything about how do I file for workers’ compensation in California and we hope you will get what you deserve as compensation. In case you have any problems with the process or would like a professional to represent you, you can always hire a workers compensation lawyer.

All you need to do is type workers compensation lawyer near me to find the professionals offering services in your area.

 

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