After getting hurt in a workplace accident or becoming seriously ill from exposure to hazardous working conditions, you have relatively little time to file a workers’ compensation claim and start pursuing benefits under your employer’s workers’ compensation policy. There are multiple steps in this process that you must complete. Even a small mistake, omission, or delay during any step could hurt your claim and your long-term quality of life.
Understanding how to apply for workers’ compensation in Torrance is both a matter of knowing the steps involved and having an understanding, through experience, of how to complete those steps accurately and efficiently. A qualified workers’ compensation attorney can provide irreplaceable help in both respects, giving you the best shot possible at obtaining the benefits you need.
The first step anyone who sustains a work-related injury or illness should take to apply for workers’ compensation in Torrance, assuming they do not need to seek emergency medical treatment for their condition, is to report their condition in writing to their employer. The strict deadline for taking this first step is usually 30 days after the injury first occurred or the illness first manifested.
However, in cases involving cumulative trauma injuries or occupational diseases, this 30-day period begins on the day the person first sought professional medical care or missed work due to their injuries, and learned their condition was work-related. Delaying this step any longer than necessary could lead to a worker missing out on much-needed benefits or even putting their entire claim in jeopardy.
On the next working day after an employee notifies their employer in writing regarding their injury or illness, the injured person’s employer should provide them with a DWC-1 Form to fill out, as well as documentation detailing what rights they have under state law and what benefits they may be entitled to receive. The employee must complete this form within one year of sustaining or discovering their injury or illness and submit it to their employer, who must then fill out their designated portion of the form and submit it to their insurance provider.
Once the claim for their Torrance workers’ compensation application is submitted, the insurance provider is automatically liable for up to $10,000 in medical expenses for injury or illness-related care while they investigate the claim. If the insurance provider does not explicitly deny the claim within 90 days of receiving it, the state will usually consider the claim approved and compel the insurance provider to start providing benefits. Temporary disability benefits should begin within 14 days of the insurance provider learning about an individual’s temporary disability, if applicable.
There are many circumstances where the application process for workers’ compensation benefits may become more complicated than what is described above. If there is any dispute between you, your employer, or the insurance provider about the severity of your injuries and exactly what benefits you need, you may have a difficult time advocating effectively for your best interests on your own.
In addition to going into more detail about how you can apply for workers’ compensation in Torrance, a dedicated attorney can also tirelessly protect your rights and pursue a favorable outcome to your claim on your behalf. Call today to discuss your options.
