How to Apply for Workers’ Compensation in San Bernardino

Applying for workers’ compensation is not necessarily complex, but it is time-consuming, and you have to follow each step precisely. Mistakes can result in delays. Significant mistakes—such as failing to meet a deadline—can even lead to the insurer denying a claim they should approve.

We can explain how to apply for workers’ compensation in San Bernardino. Our workers’ compensation attorneys could outline the basic steps and help you get started in the process.

Report the Injury to the Employer

The first step in applying for worker’s compensation in San Bernardino is for the employee to report the injury to the employer. It is vital that employees do not assume the employer is aware of the claim, even when an injury happens at work. A work-based incident report is not the same as reporting the injury to the employer.

One way to report the injury is to fill out the employee’s portion of the worker’s compensation claim form and provide that form to the employer. By doing so, an employee ensures the employer has a copy of the injury report and that the employer is aware of the employee’s intention to seek worker’s compensation.

Once the employer has the worker’s compensation form with all the employee’s information from the accident, the employer is supposed to file the claim. However, not all employers do what they are supposed to do. A worker can follow up with their employer or their insurer to verify the claim was filed and ask for proof of the claim filing for their records. If the claim is not filed by the employer, the worker can file on their own.

When an employer neglects to file a workers’ comp claim after getting the employee’s portion of the form, it can be a warning sign of problems to come. While employees can follow up on their own, they may want to consider hiring an attorney to help them.

The Insurer’s Response

Once the employer’s insurer receives the employee’s report, they generally have 14 days to provide the employee with a decision about the claim. Even if exceptions apply, the insurer still has a duty to respond promptly.

An employee in San Bernardino who has not received a response or whose workers’ compensation application was denied may need to follow up with the insurer or begin the appeals process. In those cases, a lawyer could help by guaranteeing the insurer has received the claim, pushing the insurer to issue their decision, and negotiating with the insurer.

Sometimes, an insurer may delay their decision because they need additional documentation or proof of the injuries. An attorney could facilitate communication to help shorten any delays. An individual applicant should follow up with insurers as well so that they can get the insurer any additional information needed to make a decision.

Workers’ Compensation Negotiations

One of the most difficult parts of applying for San Bernardino workers’ compensation is negotiation. Many workers mistakenly believe that the insurer’s offer determines the amount they can receive through worker’s compensation. That is not true. Just like other insurance settlement offers, people can negotiate their workers’ comp insurance settlements.

There are some limitations. The law allows for two-thirds compensation for lost wages, and insurers are unlikely to deviate from that number. However, an attorney may be able to successfully negotiate with the insurer regarding their definition of average wages.

Learn How to Apply for Workers’ Compensation in San Bernardino

Applying for workers’ comp begins by informing your employer about your workplace injury. It is not enough for the employer to have actual notice of the injury—the employee needs to fill out their part of a workers’ compensation claim form. Providing that form to the employer begins the process.

While these applications should be straightforward, insurers have competing duties. While they need to pay valid insurance claims, they want to save money for their shareholders. The conflict can result in insurers denying valid claims or offering lowball settlement offers. If you need help handling the insurer, schedule a consultation with an attorney. We can teach you how to apply for workers’ compensation in San Bernardino and help you with the application process.