The first step is to understand that as an injured worker you have certain rights. This includes your right to file a Worker’s Compensation claim. But let’s not get ahead of ourselves. Before you file a claim or hire a lawyer, you will have to report your injury to your employer. In some circumstances reporting your accident to your supervisor right away may not be possible but is important to do so as soon as possible because this step will protect your legal rights. Failure to do so can result in possibly forfeiting your rights and benefits!
The next step is to see a doctor as soon as possible. If the injury warrants it, go to the emergency room. However, if you are not seriously injured, you should ask your employer if they require you to see a certain doctor or if you can choose which doctor to go to. Under California law, it is required that employers have workers’ compensation insurance even if they have only one employee. However, not all employers have insurance. You might find yourself in a situation where your employer doesn’t have insurance. If your employer doesn’t have Workers’ Compensation insurance you should probably contact an attorney.
If your injury Is likely to require you to miss time from work and receive on going medical care, you will probably want to file your claim with the Workers’ Compensation court in your county. This will go even further in protecting your rights. It’s important to note that filing a claim puts the court, your employer and your employer’s insurance company on formal notice of the accident you suffered during working hours.