TIME OF HIRE PAMPHLET
This pamphlet, or a similar one that has been approved by the Administrative Director, must be
given to all newly hired employees in the State of California. Employers and claims
administrators may use the content of this document and put their logos and additional
information on it. The content of this pamphlet applies to all industrial injuries that occur on or
after January 1, 2013.
WHAT IS WORKERS COMPENSATION?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation
benefits. You could get hurt by:
One event at work. Examples: hurting your back in a fall, getting burned by a chemical that
splashes on your skin, getting hurt in a car accident while making deliveries.
—or—
Repeated exposures at work. Examples: hurting your wrist from using vibrating tools, losing
your hearing because of constant loud noise.
—or—
Workplace crime. Examples: you get hurt in a store robbery, physically attacked by an unhappy
customer.
Discrimination is illegal
It is illegal under Labor Code section 132a for your employer to punish or fire you because you:
File a workers’ compensation claim
Intend to file a workers’ compensation claim
Settle a workers’ compensation claim
Testify or intend to testify for another injured worker.
If it is found that your employer discriminated against you, he or she may be ordered to return
you to your job. Your employer may also be made to pay for lost wages, increased workers’
compensation benefits, and costs and expenses set by state law.
WHAT ARE THE BENEFITS?
Medical care: Paid for by your employer to help you recover from an injury or illness
caused by work. Doctor visits, hospital services, physical therapy, lab tests and x-rays are
some of the medical services that may be provided. These services should be necessary to
treat your injury. There are limits on some services such as physical and occupational
therapy and chiropractic care.
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Temporary disability benefits: Payments if you lose wages because your injury
prevents you from doing your usual job while recovering. The amount you may get is up
to two-thirds of your wages. There are minimum and maximum payment limits set by
state law. You will be paid every two weeks if you are eligible. For most injuries,
payments may not exceed 104 weeks within five years from your date of injury.
Temporary disability (TD) stops when you return to work, or when the doctor releases
you for work, or says your injury has improved as much as it’s going to.
Permanent disability benefits: Payments if you don’t recover completely. You will be
paid every two weeks if you are eligible. There are minimum and maximum weekly
payment rates established by state law. The amount of payment is based on:
o Your doctor’s medical reports
o Your age
o Your occupation
Supplemental job displacement benefits: This is a voucher for up to $6,000 that you
can use for retraining or skill enhancement at an approved school, books, tools, licenses
or certification fees, or other resources to help you find a new job. You are eligible for
this voucher if:
o You have a permanent disability.
o Your employer does not offer regular, modified, or alternative work, within 60
days after the claims administrator receives a doctor’s report saying you have
made a maximum medical recovery.
Death benefits: Payments to your spouse, children or other dependents if you die from a
job injury or illness. The amount of payment is based on the number of dependents. The
benefit is paid every two weeks at a rate of at least $224 per week. In addition, workers’
compensation provides a burial allowance.
OTHER BENEFITS
You may file a claim with the Employment Development Department (EDD) to get state
disability benefits when workers’ compensation benefits are delayed, denied, or have ended.
There are time restrictions so for more information contact the local office of EDD or go to their
web site www.edd.ca.gov.
If your injury results in a permanent disability (PD) and the state determines that your PD benefit
is disproportionately low compared to your earning loss, you may qualify for additional money
from the Department of Industrial Relation’s special earnings loss supplement program also
known as the return to work program. If you have questions or think you qualify, contact the
Information & Assistance Unit by going to www.dwc.ca.gov and looking under “Workers’
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Compensation programs and units” for the “Information & Assistance Unit” link or visit the DIR
web site at www.dir.ca.gov.
Workers’ compensation fraud is a crime
Any person who makes or causes to be made any knowingly false statement in order to obtain or
deny workers’ compensation benefits or payments is guilty of a felony. If convicted, the person
will have to pay fines up to $150,000 and/or serve up to five years in jail.
WHAT SHOULD I DO IF I HAVE AN INJURY?
Report your injury to your employer
Tell your supervisor right away no matter how slight the injury may be. Don’t delay there are
time limits. You could lose your right to benefits if your employer does not learn of your injury
within 30 days. If your injury or illness is one that develops over time, report it as soon as you
learn it was caused by your job.
If you cannot report to the employer or don’t hear from the claims administrator after you have
reported your injury, contact the claims administrator yourself.
Workers’ compensation insurance company or if employer is self-
insured, person responsible for handling the claim is:
__________________________________________________
Address: ___________________________________________________
Phone: ____________________________________________________.
You may be able to find the name of your employer’s workers’ compensation insurer at
www.caworkcompcoverage.com. If no coverage exists or coverage has expired, contact the
Division of Labor Standards Enforcement at www.dir.ca.gov/DLSE as all employees must be
covered by law.
Get emergency treatment if needed
If it’s a medical emergency, go to an emergency room right away. Tell the medical provider who
treats you that your injury is job related. Your employer may tell you where to go for follow up
treatment.
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Emergency telephone number: Call 911 for an ambulance, fire department
or police. For non-emergency medical care, contact your employer, the
workers’ compensation claims administrator or go to this facility:
_________________________________________________________.
Fill out DWC 1 claim form and give it to your employer
Your employer must give you a DWC 1 claim form within one working day after learning about
your injury or illness. Complete the employee portion, sign and give it back to your employer.
Your employer will then file your claim with the claims administrator. Your employer must
authorize treatment within one working day of receiving the DWC 1 claim form.
If the injury is from repeated exposures, you have one year from when you realized your injury
was job related to file a claim.
In either case, you may receive up to $10,000 in employer-paid medical care until your claim is
either accepted or denied. The claims administrator has up to 90 days to decide whether to accept
or deny your claim. Otherwise your case is presumed payable.
Your employer or the claims administrator will send you “benefit notices” that will advise you of
the status of your claim.
MORE ABOUT MEDICAL CARE
What is a Primary Treating Physician (PTP)?
This is the doctor with overall responsibility for treating your injury or illness. He or she may be:
The doctor you name in writing before you get hurt on the job
A doctor from the medical provider network (MPN)
The doctor chosen by your employer during the first 30 days of injury if your employer
does not have an MPN or
The doctor you chose after the first 30 days if your employer does not have an MPN.
What is a Medical Provider Network (MPN)?
An MPN is a select group of health care providers who treat injured workers. Check with your
employer to see if they are using an MPN.
If you have not named a doctor before you get hurt and your employer is using an MPN, you will
see an MPN doctor. After your first visit, you are free to choose another doctor from the MPN
list.
What is Predesignation?
Predesignation is when you name your regular doctor to treat you if you get hurt on the job. The
doctor must be a medical doctor (M.D.), doctor of osteopathic medicine (D.O.) or a medical
group with an M.D. or D.O. You must name your doctor in writing before you get hurt or
become ill.
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You may predesignate a doctor if you have health care coverage for non-work injuries and
illnesses. The doctor must have:
Treated you
Maintained your medical history and records before your injury and
Agreed to treat you for a work-related injury or illness before you get hurt or become ill.
You may use the “predesignation of personal physician” form included with this pamphlet. After
you fill in the form, be sure to give it to your employer.
If your employer does not have an approved MPN, you may name your chiropractor or
acupuncturist to treat you for work related injuries. The notice of personal chiropractor or
acupuncturist must be in writing before you get hurt. You may use the form included in this
pamphlet. After you fill in the form, be sure to give it to your employer.
With some exceptions, state law does not allow a chiropractor to continue as your treating
physician after 24 visits. Once you have received 24 chiropractic visits, if you still require
medical treatment, you will have to select a new physician who is not a chiropractor. The term
“chiropractic visit” means any chiropractic office visit, regardless of whether the services
performed involve chiropractic manipulation or are limited to evaluation and management.
Exceptions to the prohibition on a chiropractor continuing as your treating physician after 24
visits include postsurgical physical medicine visits prescribed by the surgeon, or physician
designated by the surgeon, under the postsurgical component of the Division of Workers’
Compensation’s Medical Treatment Utilization Schedule, or if your employer has authorized
additional visits in writing.
WHAT IF THERE IS A PROBLEM?
If you have a concern, speak up. Talk to your employer or the claims administrator handling your
claim and try to solve the problem. If this doesn’t work, get help by trying the following:
Contact the Division of Workers’ Compensation (DWC) Information and Assistance (I&A) Unit
All 24 DWC offices throughout the state provide information and assistance on rights, benefits and
obligations under California's workers' compensation laws. I&A officers help resolve disputes
without formal proceedings. Their goal is to get you full and timely benefits. Their services are
free.
To contact the nearest I&A Unit, go to www.dwc.ca.gov and under “Workers’ Compensation
programs and units”, click on “Information & Assistance Unit.” At this site you will find fact
sheets, guides and information to help you.
The nearest I&A Unit is located at:
Address:
Phone number: ________________________________________________.
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Consult with an attorney
Most attorneys offer one free consultation. If you decide to hire an attorney, his or her fees may
be taken out of some of your benefits. For names of workers’ compensation attorneys, call the
State Bar of California at (415) 538-2120 or go to their website at www.californiaspecialist.org.
You may get a list of attorneys from your local I&A Unit or look in the yellow pages.
Warning
Your employer may not pay workers’ compensation benefits if you get hurt in a voluntary off-
duty recreational, social or athletic activity that is not part of your work-related duties.
Additional rights
You may also have other rights under the Americans with Disabilities Act (ADA) or the Fair
Employment and Housing Act (FEHA). For additional information, contact FEHA at (800) 884-
1684 or the Equal Employment Opportunity Commission (EEOC) at (800) 669-4000.
The information contained in this pamphlet conforms to the informational requirements found in Labor Code
sections 3551 and 3553 and California Code of Regulation, Title 8, sections 9880 and 9883. This document is
approved by the Division of Workers’ Compensation administrative director.
Revised 6/17/14 and effective for dates of injuries on or after 1/1/13
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PREDESIGNATION OF PERSONAL PHYSICIAN
In the event you sustain an injury or illness related to your employment, you may be treated for such injury or illness
by your personal medical doctor (M.D.), doctor of osteopathic medicine (D.O.) or medical group if:
on the date of your work injury you have health care coverage for injuries or illnesses that are not work
related;
the d
octor is your regular physician, who shall be either a physician who has limited his or her practice of
medicine to
general practice or who is a board-certified or board-eligible internist, pediatrician,
obstetrician-gynecologist, or family practitioner, and has previously directed your medical treatment, and
retains your medical records;
your “personal physician” may be a medical group if it is a single corporation or partnership composed of
licensed do
ctors of medicine or osteopathy, which operates an integrated multispecialty medical group
providing comprehensive medical services predominantly for nonoccupational illnesses and injuries;
prior to the injury your doctor agrees to treat you for work injuries or illnesses;
prior to the injury you provided your employer the following in writing: (1) notice that you want your
personal doc
tor to treat you for a work-related injury or illness, and (2) your personal doctor's name and
business address.
You may use this form to notify your employer if you wish to have your personal medical doctor or a doctor of
osteopathic
medicine treat you for a work-related injury or illness and the above requirements are met.
NOTICE OF PREDESIGNATION OF PERSONAL PHYSICIAN
Employee: Complete this section.
To: ____________________________ (name of employer) If I have a work-related injury or illness, I choose to be
treated by:
_____________________________________________________________________________________________
__________
__________________________________________________________
(name
of doctor)(M.D., D.O., or medical group)
(street address, city, state, ZIP)
_____________
_____________________________________(telephone number)
________________
________
_____________________________________________________________________
_____________________________________________________________________________________________
Employee Name (please print):
Employee's Address:
Name of Insurance Company, Plan, or Fund providing health coverage for nonoccupational injuries or illnesses:
Employee's Signature ________________________________Date: __________
Physician: I agree to this Predesignation:
Signature: _________________ _________________
__________Date: __________
(Physician or Designated Employee of the Physician or Medical Group)
The physician is not required to sign this form, however, if the physician or designated employee of the physician or
medical group does not sign, other documentation of the physician's agreement to be predesignated will be required
pursuant to Title 8, California Code of Regulations, section 9780.1(a)(3).
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§ 9783.1. DWC Form 9783.1 Notice of Personal Chiropractor or Personal Acupuncturist.
NOTICE OF PERSONAL CHIROPRACTOR OR PERSONAL ACUPUNCTURIST
If your employer or your employer's insurer does not have a Medical Provider Network, you may be able to change
you
r treating physician to your personal chiropractor or acupuncturist following a work-related injury or illness. In
order to be eligible to make this change, you must give your employer the name and business address of a personal
chiropractor or acupuncturist in writing prior to the injury or illness. Your claims administrator generally has the
right to select your treating physician within the first 30 days after your employer knows of your injury or illness.
After your claims administrator has initiated your treatment with another doctor during this period, you may then,
upon request, have your treatment transferred to your personal chiropractor or acupuncturist.
NOTE: If your date of injury is January 1, 2004 or later, a chiropractor cannot be your treating physician after you
have
received 24 chiropractic visits unless your employer has authorized additional visits in writing. The term
“chiropractic visit” means any chiropractic office visit, regardless of whether the services performed involve
chiropractic manipulation or are limited to evaluation and management. Once you have received 24 chiropractic
visits, if you still require medical treatment, you will have to select a new physician who is not a chiropractor. This
prohibition shall not apply to visits for postsurgical physical medicine visits prescribed by the surgeon, or physician
designated by the surgeon, under the postsurgical component of the Division of Workers’ Compensation’s Medical
Treatment Utilization Schedule.
You may use this form to notify your employer of your personal chiropractor or acupuncturist.
Your Chiropractor or Acupuncturist's Information:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
(name of chiropractor or acupuncturist)
(street address, city, state, zip code)
(telephone number)
Employee Name (please print):
__________
________________________________________________________________________________
__________________________________________________________________________________________
Employee's Address:
Employee's Signature ___________________________ Date: _________
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