In California, all employers are required to both provide and maintain a safe and healthy workplace for employees. Under the California Occupational Safety and Health Act of 1973, all employers must have a written and effective Injury and Illness Prevention (IIPP) Program in place. This program may take different forms depending on your work environment and job requirements. For example, a construction company will likely have an IIP Program that focuses on safety on job sites. An employer whose workers primarily work on computers will have a much different safety program in place.

Under California law, you must report a workplace injury to your employer within 30 days. If you fail to do so, your claim for workers’ compensation benefits may be barred. A skilled California workers’ compensation attorney can advise you of your rights and help you file reports and claim forms within the appropriate deadlines.

California employers are required to provide the DWC-1 claim form and notice of potential eligibility within one day of an employee reporting a work injury. If your employer does not provide this form to you, it is available from the California Department of Industrial Relations, Division of Workers’ Compensation website.

After you file a claim form, the workers’ compensation insurance company has up to 90 days to accept or deny it. During this time, you can still receive medical treatment. You are entitled to up to $10,000 in medical treatment even if the claim is eventually denied.

If the insurance company fails to act on your claim form within 90 days, then it is deemed accepted. You are then entitled to workers’ compensation benefits.