How To File A Workers’ Compensation Claim?

WORKERS’ COMPENSATION CLAIM FORM (DWC 1)

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File a claim form (DWC-1)

File a claim form (DWC-1) to protect your rights and start the workers’ compensation process. Your employer must give or mail you a claim form within one working day after learning about your injury or illness. If your employer doesn’t give you the claim form you can download it from the forms page of the DWC website.

How to fill out a claim form

Complete only the “employee” section of the form and send it to your employer right away. Be sure to sign and date the claim form and keep a copy for your records. Return the claim form to your employer in person or by mail. If you mail the claim form, use certified mail — return receipt requested — so you have a record of the date it was mailed and the date it was received. If you don’t return the completed form to your employer you may risk your right to benefits.

What happens next?

Your employer should fill out the “employer” section and forward the completed claim form to the insurance company. You should receive a copy of the completed claim form from your employer. If you don’t, request a copy and keep it for your records.

Generally, the insurance company has 14 days to mail you a letter telling you the status of your claim. If you don’t receive this letter, call the insurance company to find out the status of your claim.

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Workers’ Compensation Claim Was Accepted

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If my workers’ compensation claim was accepted

If my workers’ compensation claim was accepted …   You should hear whether your claim is accepted or denied from your employer or its claims administrator within 90 days from the date the claim form is given to your employer. If you do not, your injury will be presumed to be covered.

What benefits am I entitled to?

Workers’ compensation insurance provides five basic benefits:

What if I have a disagreement about my benefits?

At some point during your claim, you or the claims administrator might disagree with what your treating physician reports about your injury. When there is a disagreement, you may be evaluated by a qualified medical evaluator (QME). To qualify as a QME, a physician must meet additional educational and licensing requirements. They must also pass a test and participate in ongoing education on the workers’ compensation evaluation process. If you have an attorney, your attorney and your claims administrator might agree on a doctor to resolve medical disputes. This doctor is called an agreed medical evaluator (AME).

Want to learn more? Find it in the guidebook

 

 

Claim was accepted: #AskNikkiNow

Los Angeles Workers’ Compensation Lawyers – Free Consultation – consultation@nikkijacobson.com

Free Work Injury Consultation

 

 

 

 

Claim was accepted: #AskNikkiNow