You have to notify your employer in Los Angeles that you have been injured before you can file a workers’ compensation claim. The sooner you file your claim for workers’ compensation benefits, the more likely you will be to receive benefits and have a quicker medical recovery.
The circumstances under which you must provide proper notice to your employer are different in every state. Using the incorrect procedure may lead to you losing your right to collect workers’ compensation benefits.
What Should I Do if I am Injured At Work?
If you are injured or ill, you must inform your employer of the injury or illness to be eligible for compensation. The majority of states require or suggest that you report an injury as soon as possible, but they also have a deadline by which you must follow or your claim may be barred.
Each state has its own deadline for filing notices. In California, the deadline is 30 days; in Iowa, it’s 90 days. Some states have shorter deadlines than others. Colorado, for instance, requires a worker to report an accident within four days, while Maryland extends the reporting period for an injury (other than occupational illnesses) to ten days.
For diseases or disorders related to your occupation (like arthritis or carpal tunnel syndrome), the clock generally starts ticking once you are aware of the problem. Reporting your claim late may result in your ineligibility or a reduced benefit amount.
What is the Process for Giving Notice?
Written notice may be required by your state. The use of a specific accident report form is mandated by some states, while other states allow you to use any written format (such as a letter or email).
Additionally, some companies use their own accident reports, which are not mandated under workers’ compensation law. For states requiring written notification, your employer’s form may be sufficient (unless the state issues its own form). In the event you complete your employer’s accident report, you should keep a copy for your records.
Some states permit oral notice, usually by contacting your supervisor or HR. The majority of the time, telling a co-worker that you have been injured is insufficient. Even though an oral notice is permissible, you may benefit from providing a written notice. In the event that there is any doubt, you will have evidence to support your claim. Include the following information in your notification to your employer:
- Information about yourself and your contact information
- Date and time of your injury
- The location of the accident
- What happened to you, and how it injured you
- You describe your symptoms.
Are There Any Other Forms I Need to Fill Out?
In addition to reporting your injuries to your employer, some states require you to complete a workers’ compensation claim form. Usually, you would send the form to your state’s workers’ compensation department, or you could make it available to your employer to submit to the agency. State agencies in select states also offer the option of filing claims online.
Many states impose strict deadlines on the filing of workers’ compensation claims. A missed deadline could result in you losing access to workers’ compensation benefits. In addition, a workers’ compensation lawyer or the workers’ compensation agency in your state can help you follow the proper procedures.
Mistakes to Avoid When Writing an Accident Report
Typically, workers’ compensation disputes are resolved through written notices or accident reports. Depending on your insurer, your report may be checked against records of your initial treatment or other evidence. Your workers’ compensation claim may be denied if you provide incorrect or inconsistent information.
Be sure to avoid the following when writing an accident report or notice:
- Symptoms that never occurred (such as a loss of consciousness)
- You should not use spinning theories about how you got into an accident (for example, if you don’t know what caused a slip and fall, don’t link it to a particular cause or substance).
- You should not report any restrictions or limitations you don’t have.
You should be honest and accurate in your report, but it does not need to contain every detail. Putting too many details in your report can backfire. The extent of your injury may not yet be apparent, so it might be better to be less explicit. Be sure not to provide any diagnosis unless you have received one from your doctor.
It is still important to report even minor symptoms. For example, you may have just had a slight headache because you banged your head at work. While it may appear insignificant at the moment, it could become a more serious problem down the road. In the weeks following your incident, you may develop a headache which may lead the insurance company to doubt your claim.
Whenever you are unsure of whether or not you gave the appropriate notice regarding your workers’ compensation claim, consider speaking with a lawyer. Siman Law Firm in Los Angeles can assist you in navigating the claims procedure and explaining your legal options to you.