Do I need to file a claim? YES

When you are injured your employer is supposed to provide you with a workers compensation claim form or DWC-1 when notified of an injury. On this form you list your injuries, the date of the injury, and provide other basic information like your address etc.

THIS FORM IS IMPORTANT.

The DWC-1 starts the clock for discovery. Once the form is given to your employer, the WC insurance carrier has 90 days to accept or deny your claim. If the claim is not denied, then it is presumed you have a work injury and are entitled to benefits. There is no penalty for filing a claim, even if you not sure you have a case.

You DO NOT need a Social Security number on the form to make a claim.

Download DWC-1

Application for Adjudication of Claim

The Application for Adjudication is a court document filed with the WCAB district office. It starts your legal proceedings. The Application can be obtained at the DIR/WC website on the forms page, or with the link below. Once filed you will received a Notice of Application from the Division of Workers Compensation within a couple of days. It has your case number, for example ADJ12345678.

After an application is filed, nothing else will happen until someone requests a court date by filing a Declaration of Readiness (DOR) The statute of limitations for filing a claim is one year from the date of injury or last medical treatment received. If you have questions about the statute of limitations (SOL) on a claim, speak with an attorney or the Information and Assistance office at the local WCAB district office.

You will need a ADJ case number to file for EDD benefits. Do no file for unemployment if you are filing a workers compensation claim.

ATTORNEY FEES

All attorney fees in California workers compensation cases must be approved by the court. An injured worker does not pay out of pocket for representation. Typical fees range from 12-15% and in some cases 18%, but only in exceptional cases or where the court believes the attorney has done an outstanding job. Fees are usually commuted from settlements with open medical awards and paid separately. With a complete buyout – Compromise and Release, fees are paid separately when the injured worker is paid their settlement

Specialty Cases

Subsequent Injuries Fund, SIF
Multiple Employers and Parties
Concurrent employment
Tribal courts – Casinos
Long Haul Covid
Progressive Disease
Catastrophic Injuries
Professional Athletes
Uninsured Employer UEF
132a Discrimination
Vocational Challenges/PD Rating
Independent Contractor/homeowner

Past Trials

San Francisco SFO
Oakland OAK
San Jose SJO
Santa Rosa SRO
Salinas SAL
Fresno FRE
Anaheim AHM
Los Angeles LAO
Sacramento SAC
Stockton STK

Forms

DWC-1 Workers Compensation Claims form

Application for Adjudication of Claim