Paso Robles, CA asked in Workers' Compensation for California

Q: With a work comp case:do benefits begin when a report and claim are filed or long after they send you to a doctor?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: In California, the timeline for workers' compensation benefits to begin can vary, but generally, benefits start after your claim has been filed and accepted. It's important to report your injury or illness to your employer as soon as possible and to file a claim form (DWC-1) immediately after receiving it. This initiates the process, but the actual receipt of benefits might not be immediate.

Once your claim is filed, your employer's insurance company is required to authorize necessary medical treatment within one working day while your claim is being evaluated. This means that, in practice, you can receive some level of medical care before the final decision on your claim is made. However, the full range of benefits, including disability payments, typically won't start until after your claim has been accepted, which might involve assessment by a doctor.

It's also worth noting that if your claim is delayed or disputed, there may be additional steps required to resolve the issue, which can further delay the start of your benefits. In such cases, understanding your rights and possibly seeking advice can be crucial to navigating the process effectively. Remember, the goal of workers' compensation is to support you during recovery, so ensuring timely action at each step is key to accessing the benefits you're entitled to.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.