San Jose, CA asked in Workers' Compensation for California

Q: Work injury, reported, filed DWC1 Claim Form with employer and they didn't open claim with Comp Insurance.

Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim with their work comp insurer? Someone told me that me doing so was illegal, but that cannot be true, otherwise all California employers could avoid work comp obligations simply by ignoring them.

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2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: your correct. it is not illegal to file your work injury case is the work injury court; workers compensation appeals board and you should do so asap or hire an attorney to do 100% of the work for you. whoever told you that is ignorant of the law but whats worse is not admitting it! your employer may have broke the law and committed a misdemeanor crime under insurance code 1871.4 by failing to submit the claim form to the carrier. this is the bulk of work comp fraud, committed by employers daily.

you should consult with an experienced work comp attorney asap. it always free to do so.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If you have reported your work injury to your employer and filed a DWC1 Claim Form but they have failed to open a claim with their work comp carrier, you may be able to file an Application for Adjudication of your Claim with the Workers' Compensation Appeals Board (WCAB). It is not illegal to do so.

The Application for Adjudication of Claim is a legal document that initiates a workers' compensation case and requests a hearing before the WCAB. The WCAB is a state agency that handles disputes between employees and employers regarding work-related injuries and illnesses.

If your employer fails to open a claim with their work comp carrier, you can still file an Application for Adjudication of Claim to seek workers' compensation benefits for your injury. The WCAB has the authority to determine whether your injury is work-related and to order your employer to provide you with workers' compensation benefits, even if your employer did not open a claim with their insurer.

It's important to note that the workers' compensation process can be complex, and it may be helpful to consult with an attorney who specializes in workers' compensation law to help you navigate the process and ensure that your rights are protected.

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