What Should I Do If I’m Injured In a Workplace Accident?

Get answers from an experienced San Diego workers’ compensation lawyer

If you’ve sustained a work-related injury or illness, Robert A. McLaughlin, APC can handle every aspect of your claim and help you get the benefits you’re entitled to. We have been standing up for injured workers in San Diego and throughout Southern California for decades now and knows what it takes to get you real results. Find out what an experienced San Diego workers’ compensation attorney can do for you. Contact us today for your free case review.

Like most states, California requires the majority of employers to carry workers’ compensation insurance to pay for an injured worker’s medical expenses and a portion of their lost wages. While the system may seem straightforward, knowing what to do when you’ve been injured in a workplace accident isn’t always as easy. There are certain protocols and procedures that must be followed to avoid a denied claim, which can make the whole process stressful and overwhelming.

Read the step-by-step guide below to get a better understanding of what you should do if you get hurt at work, then contact Robert A. McLaughlin, APC to discuss all your options and protect your rights.

Steps to take after you’ve been injured in a work accident

Here’s what to do after an injury at work:

1. Promptly report the injury or illness to your employer by notifying your supervisor immediately. Failure to inform your employer of your work-related injury or illness within 30 days could result in a denial of workers’ compensation benefits.
2. Seek medical attention as soon as possible. Be aware that your employer may tell you where you can receive approved medical treatment. When you visit the doctor, inform them that your condition is work-related.
3. Fill out a Workers’ Compensation Claim Form (DWC 1) and submit it to your employer to open your case. By law, your employer is required to give you this form within one working day of being notified about your work-related injury or illness. The form is also available online.
4. After your employer has received your DWC 1, they are required to give you a completed copy of the claim form within one working day of getting it. They are also legally required to forward your claim form and their report of your injury or illness to the claims administrator within one working day.
5. Understand your rights and discuss all your options with an experienced workers’ compensation attorney. If you encounter any obstacles from your employer, a doctor, or the insurance company at any point, a lawyer can help you overcome those hurdles and help you move your claim forward. A workers’ compensation attorney can also help you get all the medical care you need and appeal a denied claim for benefits.

How long do you have to report a work injury?

When it comes to reporting your work injury the sooner the better. As mentioned above, under California law, you must report your work-related injury within 30 days of the incident. But ideally, you should report the injury as soon as possible, because the longer you wait, the easier it is for the insurance company to dispute your claim. Make sure to put it in writing so you have a record to protect your legal rights.

Let a San Diego workers’ compensation lawyer guide you

After you’ve been injured in a work accident or develop a work-related illness, it’s critical to protect your rights and understand how the system works. On paper, getting workers’ compensation benefits should be easy. Unfortunately, it’s often not that simple at all.

Robert A. McLaughlin, APC can help you get the medical care that you need and the financial compensation that you deserve. Learn how we can help you. Contact us today for your free consultation.