Small businesses and large corporations alike are notorious for not giving their employees all the information they are going to need about how to file a DWC-1 form. That is, in case they suffer a workplace accident. This might be caused by forgetfulness or laziness, or it might be an attempt to reduce their chances of having to pay out a workers’ compensation claim.
Regardless of the reasons behind why you do not know what to do if you get injured while on the job, it is time to change that, starting with the most basic and crucial pieces of the process: the DWC-1 form.
Some misconceptions about file a DWC-1 form
File a DWC-1 form is your declaration that you have been injured while working, and that you believe you require compensation when you recover.
A common misconception is that going to the doctor – something you should do as soon as possible – creates a workers’ comp claim for you. This is not true. You need to get your hands on a DWC-1 claim form, preferably at once, after your accident.
The moment a manager, supervisor, or other employer learns of an employee accident, they must make a DWC-1 form available to them. If the employee is no longer on the job site, such as would be the case if their injury required hospitalization or emergency medical attention, reasonable efforts must be made to get a DWC-1 form to them.
In cases where an injury incapacitates the worker, the DWC-1 form may need to be given to their spouse, parent, executor of their will, or attorney.
What Do I Include On My DWC-1 Form?
Because few employers fully explain the workers’ compensation process to their employees, many workers may wrongly believe that starting their claim is difficult and therefore not worth the trouble. When you file a DWC-1 form, it is straightforward.
On the form, you will need to only fill out the “Employee” section, which asks for basic information:
- Name, date, and address
- Date and location of injury
- Brief description of injury
- List of injured body parts
- Social Security Number
When you have to file a DWC-1 form, it must be provided back to your employer. In return, you should be handed the copy that says “Employee’s Temporary Receipt” to keep for your own records.
Filing out and filing a DWC-1 form is just the beginning of your workers’ compensation claim. Depending on the reaction from your employer’s insurance company, you might need to prepare another handful of documents and take additional steps to prove that you deserve compensation. You may even need to prepare for litigation if you are unreasonably and continually denied.
To get started on the right track, contact our Oakland workers’ compensation attorneys from Pacific Workers’ Compensation Law Center. We have more than 65 years of legal experience and do not accept attorney fees unless we recover you a fair compensation amount, settlement, or beneficial verdict. Get your free case evaluation today to learn more.
About the author
Bilal Kassem President and Co-founder
Introducing Bilal Kassem, the visionary leader of Pacific Workers. His unwavering commitment to excellence, empowering others at the core of our organization. With a flair for creativity, Bilal infuses fresh ideas into every initiative we take.
Drawing inspiration from captivating stories like “Goosebumps”, he guides our team with determination. Beyond his professional endeavors, Bilal embraces the great outdoors. As a result, relishing adventures such as backpacking and exploring uncharted territories. Sushi is his preferred treat, nourishing both his body and spirit.
In his free time, he enjoys hitting the gym and indulging in blockbuster films. Also, he finds motivation in the legacies of historical figures like George Patton. By leading with empathy, Bilal fosters a supportive atmosphere. This is why every team member feels empowered to excel.