Workers Compensation Dos and Don’ts
If you’ve been injured at work, the steps you take in the aftermath can have a lasting impact on your workers’ compensation claim. California’s workers’ compensation system is designed to protect employees, but the process can be filled with pitfalls that may delay your benefits or result in a denied claim. Knowing what to do—and what to avoid—can help ensure your case stays on track and that you receive the full benefits you deserve.
At Invictus Law, P.C., we’ve helped countless injured workers in Orange County and the Inland Empire successfully navigate the claims process. Below, we’ve outlined some key dos and don’ts to help you protect your health, your job, and your legal rights. Contact our office for customized legal advice and representation from a California workers’ compensation specialist tailored to your specific circumstances.
Do Report Your Injury Immediately
One of the most critical steps after a workplace injury is reporting it to your employer as soon as possible. In California, the law requires you to notify your employer within 30 days of the injury, but the sooner you report it, the better. Delayed reporting can make your claim more difficult to prove and may cause unnecessary complications.
When you report your injury, be clear about when, where, and how it happened. Even if the injury seems minor at first, it’s still important to document it right away in case your condition worsens over time.
Don’t Try to “Tough It Out” or Keep Working Through the Pain
Many employees, especially those who are dedicated to their jobs, may feel pressure to keep working after an injury or downplay the severity of their symptoms. This approach can be dangerous both for your health and for your workers’ compensation claim.
Ignoring your injury or delaying treatment can make your condition worse and give insurance companies a reason to argue that your injury is not as serious as you later claim. Seeking prompt medical attention shows that you are taking your injury seriously and can strengthen your case.
Do Get Medical Treatment and Follow Doctor’s Orders
After a workplace injury, your priority should be your health. Get medical attention right away, whether it’s through an emergency room, urgent care, or a provider authorized by your employer’s insurance. Be honest and thorough when describing your symptoms and how the injury happened.
Following your doctor’s instructions is just as important as seeking care in the first place. Attend all appointments, complete physical therapy if prescribed, and avoid activities your doctor says to restrict. Failing to follow medical advice could cause setbacks in your recovery and may hurt your credibility when dealing with the insurance company.
Don’t Exaggerate or Hide Details About Your Injury
Honesty is key when dealing with a workers’ compensation claim. Exaggerating symptoms, leaving out prior injuries, or providing inconsistent information can raise red flags for the insurance company and damage your case. Your medical records, employer reports, and personal accounts should all line up.
If you have a previous injury or pre-existing condition, don’t try to hide it. California’s workers’ compensation system still protects you if a workplace injury aggravated an existing condition—you just need to be upfront about your medical history.
Do Keep Detailed Records
From the moment your injury occurs, keep thorough records of everything related to your case. This includes the initial accident report, copies of the workers’ compensation claim form (DWC-1), medical records, written communications with your employer or insurance company, and receipts for out-of-pocket expenses like mileage for medical visits.
Keeping a journal to track your pain levels, missed workdays, and how the injury affects your daily life can also be helpful. If you need to appeal a denial or negotiate a settlement, these records can provide essential support.
Don’t Settle Too Quickly
When you’re out of work and dealing with medical bills, it may be tempting to accept the first settlement offer you receive. But settling too soon—especially without understanding the long-term impact of your injury—could leave you without the resources you need for future treatment or wage replacement.
Before accepting any settlement, it’s smart to consult with an experienced workers’ compensation attorney who can evaluate whether the offer truly meets your needs. Insurance companies are looking to resolve claims quickly and inexpensively; it’s up to you to make sure you’re not shortchanging yourself.
Do Contact a Workers’ Compensation Lawyer When Needed
While you can file a workers’ compensation claim on your own, there are situations where having an attorney can make a major difference. If your claim is denied, your benefits are delayed or terminated prematurely, you’re offered a low settlement, or you’re facing retaliation from your employer, legal help is essential.
A knowledgeable workers’ compensation lawyer can guide you through the appeals process, negotiate for fair compensation, and protect your rights every step of the way.
At Invictus Law, P.C., we represent injured workers—not insurance companies. We know the tactics insurers use to deny claims or limit benefits, and we are committed to standing up for our clients across Orange County and the Inland Empire.
Don’t Wait Too Long to Act
California law places strict deadlines on workers’ compensation claims. If you miss a deadline, you could lose your right to receive benefits. Acting quickly, from reporting the injury to filing the necessary paperwork, can keep your claim moving forward and protect your eligibility for compensation.
If you’re unsure whether you’ve missed an important step or deadline, contacting a lawyer as soon as possible can help you correct any issues before it’s too late.
Protect Yourself by Knowing the Process
Pursuing a workers’ compensation claim can be stressful, but you don’t have to do it alone. By following these key dos and don’ts, you can protect your health, strengthen your claim, and improve your chances of a successful recovery—both physically and financially.
If you’ve been injured on the job in Orange County or the Inland Empire, Invictus Law, P.C. is here to help. Contact us at our offices in Orange or Ontario for a free consultation today. We’ll answer your questions, explain your options, and fight to get you the full benefits you deserve.
