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What Now?

What do I do now that I've been hurt?

Report your injury immediately.

Most of us would rather work than not work. We know that our employers really don't want to hear us complain, do a lot of unnecessary paperwork or see their insurance premiums increase. We think that we will get better without medical help or time off. Sometimes we are right. On the other hand, if you are wrong and postpone reporting the injury until after leaving work, you may end up disabled, in need of medical care, and with nothing from your employer or their insurance company because you can't prove that you are injured or that your injury happened at work. You must therefore report your accident or injury as soon as you can.

Demand copies of any "claim forms" and/or injury reports.

California law requires that once you have reported your injury to your employer, they must give you a 'Claim Form' (Form DWC1). In Longshore Act cases the form is called 'Request for Examination and or Treatment' (Form LS1). These forms prove that you reported your injury to your employer, and along with an accident report help prove your injury occurred and what body parts or systems were injured. You must immediately demand copies of these documents, read them, and insist that any inaccuracies be corrected at once. Keep copies for your records.

Insist on seeing your own doctor.

In Longshore Act cases and in California state cases, assuming you have predesignated your doctor, you have the right to receive medical treatment from your own doctor. When you do, follow your doctor's instructions. Your top priority is getting better and getting back to work.

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Law Offices of Richard Mark Baker
115 Pine Avenue, Suite 300
Long Beach, CA 90802

Phone: 562-628-9400
Fax: 562-628-1617
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