Worker’s Compensation

If you’re injured while performing your job, either on a specific date or overtime, you’re entitled to certain benefits under California law, which include:

• Medical treatment
• Temporary disability
• Permanent disability
• Supplemental job displacement voucher

If you get hurt at work or think that physical aches and pains you have are due to your job duties (for example, carpal tunnel syndrome, certain types of arthritis pain or a “bad back”) you should immediately report the injury to your employer and request a claim form. If the employer won’t give you a claim form, notify a shop steward and seek assistance in submitting the DWC-1 Claim Form (which can also be found at
https://www.dir.ca.gov/dwc/DWCForm1.pdf). Always keep a copy for your own records. The employer must fill out the bottom of the form and return it to you and direct you to medical care. They will usually send you to an occupational work clinic unless you pre-designated a doctor to see you in case of a work injury.
If you would like to see your own doctor in case of a work injury, download and print this form here: https://www.dir.ca.gov/dwc/FORMS/DWCForm_9783.pdf. Complete the form and send it to your HR office (and keep a copy for your records). If you get hurt, just notify your employer and advise them that you are asserting your right to see your pre-designated doctor.
NOTE: This form must be completed and on file with your employer BEFORE you get injured at work.
A representative from your employer’s workers’ compensation company will contact you within two weeks of filing the claim form. In many cases, an injury will not be accepted right away and will be put on “delay” status for up to 90 days, during which time you are not entitled to financial compensation for being off of work. Other benefits, such as state disability, may be available to you during this time. While a claim is on delay, the insurance will cover the first $10,000 of medical treatment.
There are many rules and regulations regarding workers’ compensation benefits. The workers’ compensation insurance company works for the employer and is not responsible to tell you all of your rights and options when it comes to workers’ compensation. Furthermore, if you don’t take appropriate action to secure your rights, they may be waived and you may not be able to make a claim for benefits. If you are injured, we recommend that you speak to competent legal counsel from the very beginning. For a free consultation, you may contact Boxer & Gerson LLP at 510-835-8870 or https://www.boxerlaw.com/contact-us/.
*The foregoing is not legal advice and there is no financial affiliation between Boxer & Gerson LLP and Teamsters Local 665, and you are free to seek your own legal counsel at your own expense at any time.