Notice, Filing Requirements and Deadlines
Applying for workers’ compensation can be daunting. You are already hurt and missing work, not to mention much-needed funds to support yourself and your family. There are also forms, rules, regulations and many technical aspects you must adhere to in order to qualify and avoid being denied. You need qualified help.
At Berger & Michelena, we are on your side. Our Los Angeles County, California, workers’ compensation attorneys have more than 100 years of combined experience representing injured workers in the Los Angeles area.
Notice and Deadlines: When Do I Need to Tell My Employer I Have Been Hurt?
In most cases you must provide your employer written notice of the injury within 30 days of the day the injury occurred. If the injury has occurred over time, you need to report it within 30 days of the date you suffer a temporary disability. Also, if you have a union representative, you should also report the injury to him or her as soon as possible.
You may be eligible for the following workers’ compensation benefits:
• Medical care: This can include any medical tests, labs and medicine needed to treat your condition.
• Temporary disability (TD) benefits: These are the payments you will receive while recovering and cannot extend to beyond 104 weeks within five years from the date of your injury.
• Permanent disability (PD) benefits: If you injury causes permanent disability you may be eligible for lifetime benefits.
• Supplemental job displacement benefit: This is a nontransferable voucher payable to a state-approved school that you may be able to apply for and we can help you seek.
• Death benefits: These are benefits paid to dependents of a worker who dies from a work-related accident or illness.
There are numerous required forms we can help you fill out properly and submit on time. You should ask your employer to provide you with the workers’ comp forms needed, but if they do not have them we can obtain them directly from the Department of Workers’ Compensation. These forms often include:
- DWC-1 claim form
- Application for Adjudication of Claim
- Declaration Pursuant to Labor Code 4906(g)
- Document Cover Sheet
- Document Separator Sheets