Cramer and Martinez

Free Consultation408-848-1113

7459 Monterey St., Suite A, Gilroy, CA 95020

How to File a Workers’ Comp Claim After a Workplace Accident

 Posted on October 24,2023 in Workers' Compensation


Sustaining an injury or illness on the job can derail your life. You are dealing with health issues and navigating California’s confusing workers’ compensation system. You can take steps to protect your rights and get the benefits you need. A California lawyer can help you through the process.

Seeking Medical Care Right Away

If you get hurt at work, your priority is immediate medical help. Even if it seems minor, getting checked out creates a paper trail and prevents your condition from worsening later.

Reporting Your Injury Properly

According to California law, you must inform your employer about the accident in writing within 30 days. Telling supervisors or filing an internal report is not enough. Your notice must include key details like your name, injury description, how it happened, and the exact date. This triggers the claims process.

Submitting the Required Claim Paperwork

After reporting your injury, your employer must provide you with the required claim forms, like the DWC Employee Claim Form. Fill these out completely and accurately. Attach supporting documents like medical records. Well-documented claims speed up the process.

Monitoring Timelines Closely

California employers have just 90 days to accept or deny a claim. If approved, temporary disability benefits for lost wages should begin promptly. If your claim gets rejected, talk to a workers’ comp attorney immediately. Their expertise can get your case back on track. Do not leave benefits on the table.

Understanding the Benefits Available

Make sure you know what types of compensation are available beyond temporary payments in California, like permanent disability, medical cost reimbursement, job retraining if you cannot return to your position, and other benefits that may apply to your situation and losses.

Statutes of Limitations on Workers’ Comp Claims

Injured workers cannot indefinitely delay taking action on their workers’ compensation claims. California and most states impose strict statutes of limitations dictating deadlines for filing claims and taking specific actions. Missing critical deadlines can completely bar you from compensation.

Some essential California workers’ comp deadlines include:

  • Reporting your injury – Within 30 days of the accident typically.
  • Filing your initial claim - Within one year of the injury or last compensation payment.
  • Challenging a claim’s denial – Only 30-60 days typically to appeal a denial before it becomes permanent.
  • Making additions or amendments to your claim – Generally within five years of the date of injury or manifesting illness.
  • Filing an occupational disease claim – Within one year of when you first discovered the illness was work-related.

Contact a Gilroy, CA Workers’ Compensation Lawyer

Going through a work injury can be devastating. A Morgan Hill, CA workers’ compensation attorney can help relieve some of the stress by helping you walk through the proper steps. Plus, you will have legal expertise on your side for disputes. Call Cramer + Martinez at 408-848-1113 to schedule a free consultation.

Share this post:
Back to Top