The California Labor Code provides multiple remedies to the worker injured “on the job.” To access remedies, the injured worker needs to perfect his/her claim. The process should start with making known to the employer the work injury. The sooner, the better! A report to a supervisor or manager is often sufficient. A copy of a written report by the workers can be useful if later the employer denies such claim was filed. A good next step is to file your written claim form (DWC-1 Form) with human resources or “the boss.” Your employer should provide this form within one day of your report.
Experienced counsel often hears a litany of reasons why worker claims are not actually filed with the employer (example: “…I thought the boss would think I was being disloyal to the company” – or a host of other explanations for why the workers didn’t file a claim).
By timely filing a claim, the injured worker protects himself (or herself). Early filing also helps the employer understand company responsibilities on the subject, such as turning over the information to the workers’ compensation insurance carrier. Employees should understand the claim often gets handed to the work comp insurance company, which “stands in the shoes” of the employer. The sooner an injury claim is filed, the better. When you search for a “work comp specialist near me,” your questions and proper procedures are confidentially discussed without incurring legal charges to your neighborhood attorney.