What to Do If Your Employer is Delaying Your Workers’ Compensation Claim
You report a workplace injury immediately, knowing that reporting the accident is part of getting the benefits you are legally entitled to under California state law. You wait, but nothing happens. Your supervisor doesn’t ask you to fill out any forms, you don’t get answers about the benefits you’re meant to receive, and your employer keeps encouraging you to hang on just a little bit longer. These delays lead to a lot of preventable stress, but the good news is that you have protections as a California worker. If your employer is stalling the workers’ comp claims process, it may be time to talk to a workers’ compensation attorney in the Inland Empire.
Attorney Scot Thomas Moga has spent his career protecting California workers from unscrupulous employers and workers’ compensation companies. He knows every delay tactic companies use and how to push back. Call our California workers’ compensation law firm at 909-931-2444 to find out how we can help.
Your Right to File a Workers’ Compensation Claim
California state law states that employers must provide a Workers’ Compensation Claim Form within one working day of finding out about a work-related injury that requires medical treatment beyond basic first aid or leads to lost time beyond the worker’s shift.
Once you notify your employer, the process of filing a claim is meant to begin promptly. But that doesn’t mean that all employers cooperate, hence the need for workers’ compensation lawyers. Importantly, though, even if your employer doesn’t cooperate, you can still proceed with your claim.
How Employers Delay Claims
Delays don’t always look the same. Some are blatantly obvious, while others take time to recognize. Your employer may:
- Fail to provide a Workers’ Compensation Claim Form
- Not report the injury to their workers’ comp insurance company
- Urge employees to use their health insurance instead
- Question if the injury is work-related before reporting it
- Ignore follow-up requests and attempts at communication
What’s the end goal? Sometimes, employers hope that delaying the process long enough will cause employees to get frustrated and give up so they stop pursuing benefits entirely.
Your Next Steps if Your Employer is Putting Off Your Claim
If you believe your employer is delaying your claim, don’t just wait passively for updates. Request the report form in writing and start keeping a log of emails, texts, and other communication regarding your injury and attempts to file a claim. Seek medical treatment and tell care providers that the injury is work-related.
It’s also important to note that your employer cannot keep you from filing DWC-1, Workers’ Compensation Claim Form. This form is available online, and you can fill it out and return it to your employer. If they are attempting to evade you, you may even wish to send it by certified mail so you have proof of receipt. The form includes a note about the employer’s obligation to provide copies to their insurer within one working day. This is a good time to loop in a workers’ compensation attorney.
What Happens After You File
After you file DWC-1, the insurance company has up to 90 days to investigate your claim before they deny or approve it. If the claim isn’t denied in the 90-day period, your claim is presumed compensable. Basically, the claim is paid out regardless of the lack of a decision from the insurance company. During the waiting period, you are still entitled to a certain amount of medical care.
When Delays Become Illegal
Delays aren’t always unlawful. Sometimes, they’re the result of insurance companies that need medical records or additional information before making a decision. But there are certain behaviors that cross the line and warrant the involvement of a workers’ compensation lawyer:
- Intentionally stalling the injured employee
- Making misleading statements about your rights as an injured worker
- Retaliating against you for filing a claim
- Refusing to process paperwork entirely
The state of California takes workers’ rights seriously, and these types of tactics can work against employers. If you can prove that they intentionally delayed your workers’ comp case or otherwise tried to dissuade you from using your benefits, they may be forced to pay penalties.
Fight for Fair California Workers’ Compensation Claim With Moga Law Firm
If your employer knows that you were injured at work but they’re suddenly nowhere to be found when you want to file a claim, you have options. Our workers’ compensation law firm is ready to advocate for you and demand the benefits you are entitled to. Call us at 909-931-2444 or reach out online to schedule a consultation with our team.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
