When a worker is injured in California, state law allows the worker to be compensated by the employer and does not have to show that the employer was negligent before any compensation is made. The law also prohibits the injured worker from suing in court over the injury.
What is a DWC1?
This is a form used when an injured worker makes a claim to the employer’s insurance company for benefits. The form is to be filled out by the employer and employee and submitted to the insurance company’s plan administrator. Within one day upon notice of the injury, the employer is to give the DWC1 form to the injured employee. If they are not at work—at home or the hospital—the employer is supposed to make a reasonable effort to get the form to the employee.
The form has an employer section and an employee section. The following information is needed to properly fill out the form:
- Name, date, and address
- Date and location of injury
- Brief description of injury
- List of injured body parts
- Social Security Number
Once the form is filled out, then the employee gives it back to the employer.
Who Files a DWC1?
The employer is responsible for filing the form with the insurance company, and must give the employee a “receipt” showing that the form has been returned to them by the employee. If the employer fails to do their part, they can be fined and even charged with a misdemeanor. You can report them to the WC board.
Can my WC Claim be Denied?
Yes, but there has to be a valid reason. Generally speaking, it is a no-fault system which means the employer can’t say that they weren’t at fault. However, the injury must “arise out of an in the normal course of business.” This means that the person must be on the work site doing work in the normal course of business.
However, this doesn’t mean that if you are at work and doing something that is not technically a work function, that your claim will be denied. WC covers work-related things like taking a break, running an errand for the boss, and even some non-work conduct while at work. For example, if someone was carrying a cake for a birthday surprise of another worker at work and fell and was injured, they would be covered.
If you are denied, you can appeal your denial by filling out an Application for Adjudication of Claim form and filing it with the Worker’s Compensation Appeals Board. You do not have to have an attorney to file an appeal of a denial of a claim, but it might be good to at least talk to one. Most competent WC attorneys have a free consultation for WC cases.
Sacramento Workers’ Compensation Lawyer
In almost all cases when someone is injured on the job, the worker will get the best possible outcome by hiring an experienced workers’ compensation lawyer.
Attorney Alice A. Strömbom focuses exclusively on Workers’ Compensation Law. She is very familiar with the tactics insurance companies use to avoid providing the medical treatment and disability benefits injured workers deserve, and has a recognized track record in combating such issues.
Contact us today for a free, confidential consultation and case evaluation.