Getting hurt at work can be stressful and confusing. Many workers are unsure what steps to take, who to talk to, or how to protect their rights. One of the most important first steps after a work injury is completing a DWC-1 Workers’ Compensation Claim Form.

At LG Law Center, we help injured workers in Ontario and throughout California understand the claims process and avoid costly mistakes. If you’d like help with your California workers’ compensation claim, we’d love to hear from you. Contact us today to learn how we can help you. 

When Should You Ask for a DWC-1 Form?

You should fill out the DWC-1 as quickly as possible after you realize you’ve been hurt or sick due to your job, regardless of how small the injury initially appears to be.

In addition, your employer must give or mail you the DWC-1 within a single business day after being informed of the injury.

Even if they fail to do so, you will continue to have the ability to file a claim.

How to Complete the DWC-1 Form

When Completing the DWC-1 Form:

• Take the time to carefully complete your part of the DWC-1 and write clearly and truthfully.
• Be sure to include each injured area, as well as any ongoing or repetitive pain.
• Also, be certain to sign and date the DWC-1 form and save a copy for yourself.

Upon completion of your part of the form, send the DWC-1 form to your employer, and also ask them to keep a copy with their part of the form completed.

What Will Happen After You Have Filed the Form

Once your employer sends the DWC-1 form to their insurance company, the claims process will commence.

Within ninety (90) days of receiving the DWC-1, the insurance carrier must either accept or deny your claim.

Unless the insurance carrier denies your claim prior to the expiration of the ninety (90) day review period, your claim will likely be deemed “accepted.”

During this time frame, you will generally be entitled to medical treatment expenses of up to $10,000 while your claim is being reviewed.

Common Types of Work Injuries in California

Work related injuries occur in many different ways. In California, most injuries are classified in two primary categories.

Specific Injuries

These occur during a specific point in time, such as:

• A slip and fall
• Lifting an object and injuring your back
• Being struck by machinery
• Falling off of a ladder

Cumulative Trauma Injuries

These types of injuries occur gradually over time through repetitive stress and motion, such as:

• Carpal tunnel syndrome
• Back and neck injuries
• Shoulder and knee injuries
• Repetitive strain injuries
• Respiratory injuries
• Stress-related injuries

These types of claims can be difficult to establish proof of, making correct paperwork essential.

Reporting Deadlines and Timelines

Time frames matter in workers’ compensation cases.

In general, for immediate injuries, the time limit usually commences upon the date of the incident.

However, for cumulative injuries, the time limits may commence when:

• The first time you lost time at work, or
• The first time you sought medical attention, and
• When you became aware (or reasonably should have become aware) that the injury was caused by your job

Delaying reporting of an injury could potentially jeopardize your eligibility for workers’ compensation benefits.

Filing a Claim Does Not Mean Taking Legal Action Against Your Employer

Many workers fear that submitting a DWC-1 form means that they are pursuing litigation against their employer.

That is incorrect.

California’s workers’ compensation system is a no-fault system.

You do not have to prove that your employer acted negligently to obtain benefits.

Submitting a DWC-1 form simply provides protection for your entitlement to medical treatment and wages.

What If There Are Issues With My Claim?

Insurance carriers occasionally deny, delay, or underpay workers’ compensation claims.

If this occurs, you may need to file an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board.

It is at this time that a competent workers’ comp team is particularly useful.

How LG Law Center Can Assist

LG Law Center works closely with workers who have sustained injuries to ensure that their workers’ compensation claims are processed properly from the beginning.

LG Law Center assists clients with the following aspects of their workers’ compensation claims:

• Submittal of DWC-1 forms accurately and timely
• Communication with workers’ compensation insurance adjusters
• Understanding of the payment of benefits
• Response to denial of claims
• Preparation for appeals and hearings

Attorney Luis E. Gonzales leads LG Law Center and specializes in representing injured workers in protecting their rights and obtaining the benefits to which they are entitled.

Obtaining Assistance With Your California Workers’ Comp Claim

If you were injured at work and require assistance with your DWC-1 form or your workers’ compensation claim, LG Law Center is ready to assist.

LG Law Center offers complimentary consultations and can explain your options in plain language.

Contact LG Law Center today to find out how our attorneys can assist you in moving forward with confidence.

Workers' Compensation

• DWC1 Form
• Denied or Delayed Claims
• Third Party Claims
• Types of Benefits
• Types of Work Injuries
  • Ankle Injuries
  • Back Injuries
  • Burns
  • Carpal Tunnel Syndrome
  • Neck Injuries
  • Rotator Cuff Injuries