Ready To File Your Workers’ Comp Claim For RSI? Follow These Steps
Filing a workers’ comp claim for an RSI is a little different from reporting a one-time accident, but the process does not have to be overwhelming. Here is a basic overview of how to proceed:
Submit a Written Report to Your Employer as Soon as You Can
Even if your symptoms developed gradually, you need to report them as soon as you recognize that they are connected to your work. The law gives you 30 days to report, but you should do it as soon as reasonably possible to avoid any problems.
Get a Medical Evaluation
See a doctor and be specific about your job duties and how long you have been experiencing symptoms. A clear diagnosis that connects your condition to your work is going to be critical to your claim.
Fill Out and Submit Your DWC-1 Claim Form
You will get this from your employer, who must give it to you within one working day of when your injury report was submitted. Complete it, keep a copy for yourself, and return it to your employer. Once they receive it, they have to forward it to their insurance company.
Follow Through With Your Treatment
Attend every appointment, follow your doctor’s recommendations, and keep records of everything (like diagnoses, prescriptions, specialist referrals, activity restrictions, etc.). Gaps in treatment can be used against you later.
Track Your Lost Wages and Other Expenses
If your injury has forced you to miss work or take on reduced hours, document it. You may be entitled to temporary disability payments while you recover.
Talk to a Workers’ Comp Attorney
RSI claims are scrutinized more heavily than most, so it is a good idea to seek legal help.
Before you give any recorded statements to the insurance company or accept a settlement, it is worth having an attorney review your situation.
Our Lawyers Are Ready To Help You Overcome Common Challenges To RSI Claims
Certain types of workers’ compensation claims are likely to be disputed, and claims for repetitive stress injuries are near the top of the list. Our experienced RSI attorneys in Los Angeles can help you anticipate and respond to common challenges you are likely to face, including:
Disputes Over the Cause of Your Injuries
Insurers often argue that your RSI is the result of personal health issues or activities outside of work, not your job duties. We work with medical experts who can clearly document how your specific tasks contributed to your condition, building a record that is hard to challenge.
Any Delays in Diagnosis
RSI symptoms can take months or even years to become severe enough that you seek treatment. Insurers sometimes use that timeline to argue you waited too long or that the injury must not be serious. We know how to counter those arguments and establish the proper timeline of your condition.
Claim Denials
Our attorneys handle the appeals process and know how to identify the weaknesses in an insurer’s denial. If the denial was based on a procedural issue, for instance, we will ensure it is corrected.
Pressure to Settle Quickly
The insurance company may try to move fast with a low settlement offer before you fully understand the long-term impact of your condition. We make sure you know what your claim is actually worth (and what your future costs are likely to be) before anything is signed.
You do not have to fight these battles alone while you are trying to heal. Our Los Angeles repetitive stress injury lawyers are here to take the legal pressure off of you and make sure your claim is handled the right way from the start.
Get Started Today
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