In California, the Application for Adjudication of Claim is essential for Injured Workers. Injured Workers use the application form to initiate a claim before the California Workers’ Compensation Appeals Board (WCAB.)
The Application is the first step for an injured Worker to have their claim litigated before a neutral party, the Workers’ Compensation Appeals Board. The WCAB provides Judges capable of hearing disputes and rendering opinions, decisions, orders and awards. Applications are essential to file because WCAB cases have a statute of limitations concerning filing cases.
This article will discuss the various Applications for Adjudication of Claims and their purpose.
What is an Application for Adjudication of Claim Form?
The Application for Adjudication of Claim is a form that is currently used as the initiating document at the WCAB. An Application appropriately filed at the WCAB will be assigned a case number. These case numbers are commonly known as ADJ numbers. In sum, the Application is the beginning of formal proceedings.
In essence, the Application document is similar to a Civil Court Complaint.
Is There are Charge for Filing an Application?
For injured Workers, there is no charge to file an Application.
Are There Different Types of Applications for Adjudication?
Yes. There are different Applications. The most common Application is for injuries that do not involve the death of the injured worker. The other Application is for death cases, and it is to be used by the deceased worker’s dependents.
Do You Have to Be a Certain Age to File an Application?
Yes. You must be 18 years of age. Thus, underaged Injured Workers or Dependents must have a Guardian Ad Litem file the Application on their behalf.
Are Applications Difficult to Prepare? Can You Make Mistakes?
Applications are not demanding to prepare. For Injured Workers without attorneys they can fill the Application out the best way possible. They should, however, contact the Information and Assistance Officer to ensure it will be appropriately filed and assigned a case number. Otherwise, Injured Workers can employ an attorney and file the Application on their behalf.
If mistakes are made on the initial Application filing or new information becomes available, an Application can be amended.
Is an Application Different from a Claim Form?
Yes. An Application is different than a Claim Form. A Claim Form is the opening document for the claims administrator. In other words, a claim form will initiate the insurance company to start investigating a claim of injury. A claim form can trigger entitlement for the Injured Worker to collect benefits and receive medical treatment. However, The claim form is not used to initiate dispute resolution before the WCAB.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, don’t hesitate to contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for over 28 years. Contact us today for more information.