The Steps in the Process

Navigating the Workers' Compensation Process

The California workers' compensation process has always been complicated; recent changes have made it even more so. At the Boccardo Law Firm our lawyers protect the rights of injured workers as we guide them through the workers' compensation process.

Know Your Rights—Call 1-800-662-9807

For effective legal help in all workers' compensation issues, please contact our office in San Jose, California. We offer a free consultation to review your case and discuss your rights. You can contact us at any step in the workers' compensation process, but the earlier you call, the more we can help.

Get Emergency Care—Tell the medical staff this is for a work-related injury.

Tell Your Employer—After an on-the-job injury, it is important to notify your employer of the incident as soon as possible. You must report it within 30 days or you may lose your right to receive workers' compensation benefits.

Fill out a Claim Form—Form DWC1 must be completed within one working day after you report the incident to your employer. It's a very detailed form with about 50 questions. Failure to fill it out completely and correctly results in denial of benefits. Seeking help from an attorney at this point can help avoid potential problems with your claim down the road.

Seek Medical Treatment—You must be treated by a doctor approved by your employer unless you designated another physician prior to the date of your injury. This "pre-designation" option expires at the end of 2009, unless it is extended by the legislature.

Your Claim is Accepted or Denied—If accepted, your temporary disability payments will begin. If denied, you have the option of appealing the denial.

Your Doctor Decides—Your medical provider determines if, when, and under what circumstances you are able to return to work. The medical provider's report also factors heavily into the determination of permanent disability. If you disagree with any of these decisions, our attorneys can help you challenge them.

Utilization Review—Your doctor's treatment recommendations will be reviewed and prioritized by a claims administrator who, without ever speaking with you, will determine what type of medical care you will receive. If you require surgery, for example, you may be asked to get a second physician's opinion. The urgency of the condition will determine how soon the procedure will be scheduled.

Permanent Disability is Established—Based on your doctor's medical report and other information you are given a disability rating, which determines the amount of financial compensation you receive.

The Claim is Settled—After your disability is rated, we can help you negotiate a settlement with the claims administrator. You can receive one lump sum payment or on-going permanent disability payments for a certain period of time with lifetime medical care.

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