At DM&B we help injured workers throughout the Bay Area navigate the workers’ compensation process. Here’s a step-by-step overview of what to expect.

1. Report the Injury

  • Act Fast: If you get hurt, report it immediately. Don’t let your employer convince you to wait and see if it gets better.
  • Claim Form: Insist on getting a DWC-1 Claim Form. Your employer must give you this form within one working day of knowing about your injury. Fill it out and return it quickly to avoid losing your benefits.

2. Get Medical Treatment

  • Employer’s Role: Your employer must provide medical treatment for your injury.
  • Medical Provider Network (MPN): Employers may have a list of approved doctors (MPN). You usually need to see these doctors unless you have pre-designated your own doctor.
  • Immediate Care: Employers have 90 days to decide on your claim, but they must pay up to $10,000 for medical treatment during this period, even if they haven’t accepted your claim yet.

3. Qualified Medical Evaluator (QME)

  • Medical Disputes: If there’s a dispute about your treatment or the extent of your injuries, a QME will evaluate you.
  • Strict Deadlines: You can’t choose the QME, and there are strict time limits to object to their report. Missing these deadlines can hurt your case.
  • We Can Help: The QME process is complex, but we’ll guide you through it, ensuring you meet all deadlines and understand your rights.

4. If Your Claim is Denied

  • Next Steps: If your claim is denied, you can appeal to the Workers’ Compensation Appeals Board (WCAB). You must file within a year of your injury.
  • Other Benefits: You might be eligible for State Disability or Social Security Disability benefits. We can help you apply for these if you can’t work for over a year. For more information about other benefits that might be available to you, please see the Types of Benefits page.

Contact Experienced Workers’ Compensation Lawyers

We know the workers’ compensation process can be overwhelming. At DM&B we’re dedicated to helping injured workers every step of the way. We work on a contingency fee basis, so you pay nothing unless we win your case.