RIGHT TO MEDICAL TREATMENT

As an injured worker you have the right to medical treatment for your work related injury. Within ONE working day after knowledge of your injury, your employer must give you a claim form and within ONE day after receiving your claim form (DWC-1), your employer must furnish you with medical treatment.

Law

Within one working day of notice of your injury, which results in missed work or medical treatment beyond first aid, the employer shall provide you with a claim form, DWC-1. (Labor Code Section 5401(a)). Once the claim form is served, the employer has knowledge of the injury. In addition, knowledge of the injury, obtained from any source by the employer, is equivalent to service. (Labor Code section 5402(a)).

Within ONE working day of receiving a claim form, the employer shall authorize all treatment for the injury, up to $10,000, and provide treatment until a decision is made as to denial or acceptance of the injury as work related. (L.C. Section 5402(c)).