What to Do After a Workplace Injury
A workplace injury can happen in an instant, or it can develop gradually over time. Either way, knowing what to do next can make all the difference in the care and support you receive. California’s workers’ compensation system provides vital benefits to injured employees, including medical treatment, temporary disability payments, and compensation for lasting impairments. But those benefits don’t come automatically. To secure your rights, you must take prompt, specific steps after an injury and meet the deadlines required by law.
At Invictus Law, P.C., we guide injured workers through every stage of the process, from the first report of injury to final resolution. Here’s what you need to know—and do—after suffering a workplace injury in California. For personalized legal help with your claim in Orange County or the Inland Empire, contact Invictus Law, P.C., to speak with an experienced Southern California workers’ compensation lawyer who specializes in helping people get their workers’ comp benefits.
Step 1: Report the Injury to Your Employer
The first thing you should do after a workplace injury is notify your employer. Under California Labor Code § 5400, an employee must give signed and written notice of a work-related injury within 30 days. Failing to report your injury within that time could result in losing your right to workers’ compensation benefits.
If the injury is the result of a single event, like a fall, a machinery accident, or being struck by an object, the 30-day clock starts on the day of the incident. For cumulative injuries, such as repetitive stress injuries or occupational illnesses, the 30 days begin when you first knew (or reasonably should have known) that your condition was related to your job.
Notice can be oral or written, but it’s always better to put it in writing, which is required by the letter of the law in section 5400. Describe when, where, and how the injury happened and include details about your symptoms. Keep a copy for your own records. If possible, send the notice by email or another method that creates a timestamped record.
Prompt reporting protects your rights and prevents disputes later about whether the injury was truly work-related.
Step 2: Obtain Medical Treatment
If your injury requires immediate medical attention, get treatment right away. In emergencies, you can go to the nearest emergency room or urgent care facility. If your employer has a Medical Provider Network (MPN) or has designated specific clinics for workers’ compensation treatment, you may be required to see one of those doctors after the initial emergency visit.
Under Labor Code § 5401, once you report your injury, your employer must provide you with a DWC-1 claim form within one working day. Returning this form begins your claim and entitles you to receive up to $10,000 in medical treatment while your claim is being investigated. Even if the insurance company later disputes the claim, that initial treatment authorization is guaranteed by law.
The insurance carrier must either accept or deny your claim within 90 days of receiving it. If they fail to do so, the claim is presumed accepted under Labor Code § 5402(b).
Step 3: Fill Out and Submit the DWC-1 Claim Form
The DWC-1 form is the formal notice that you are claiming workers’ compensation benefits. After you fill out the employee section, your employer completes the rest and forwards it to their insurance carrier. The date you hand the form to your employer is crucial, as it marks the official start of your claim.
Once the insurance company receives the claim, they are required to authorize medical treatment within one day and begin paying temporary disability benefits if you miss work due to your injury. These benefits replace a portion of your lost wages, typically two-thirds of your average weekly earnings, up to a statutory maximum.
If your employer fails to give you the DWC-1 form or delays reporting the claim to the insurer, contact an attorney immediately. The clock doesn’t stop running, and your right to benefits could be jeopardized by their inaction.
Step 4: Follow Through with Medical Care
Getting prompt and continuous medical treatment is not only important for your recovery; it’s also vital for your workers’ compensation claim. Your treating physician’s reports form the foundation for your benefits, including temporary disability payments and eventual permanent disability ratings.
Be honest and detailed with your doctor about how the injury occurred and the symptoms you experience. Keep all appointments and follow medical advice. If you disagree with your doctor’s conclusions or the insurance company disputes the treatment plan, you can request an evaluation by a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) to resolve the issue.
These medical reports are legally binding evidence in your claim, so having an accurate and thorough medical record can make a significant difference in the outcome.
Step 5: Document Everything
One of the most overlooked parts of a successful workers’ compensation case is documentation. Even though the system is designed to be “no-fault,” meaning you don’t have to prove negligence, the insurance company will still investigate your claim thoroughly, and sometimes aggressively.
Keep a detailed record of everything related to your injury and recovery, including:
- The date, time, and circumstances of the injury.
- Names of any witnesses.
- Copies of reports, emails, and forms submitted to your employer.
- All medical records, bills, and prescriptions.
- Notes about missed work and how the injury has affected your daily life.
These records can help prove both the legitimacy and the extent of your injury. If your employer or insurer challenges your claim, your documentation will be the key to defending your right to benefits.
Step 6: Know the Deadlines for Filing a Claim
In addition to the 30-day notice rule, California imposes a one-year statute of limitations for filing a workers’ compensation claim, as stated in Labor Code § 5405. This means you must file your claim within one year of:
- The date of injury, or
- The last day you received medical treatment or temporary disability benefits (whichever is later).
There are some limited exceptions, such as when the employer fails to provide a claim form, when the worker is a minor, or when the employer misleads the worker about their rights, but it is always safest to act well before the deadline.
Step 7: Communicate with the Insurance Carrier
Once your claim is filed, the employer’s insurance company becomes responsible for managing benefits. They will investigate the claim, review medical reports, and determine whether to accept or deny liability. It’s important to respond promptly to their requests for information but equally important not to make statements that could be misinterpreted.
The insurer must begin paying temporary disability benefits within 14 days of learning that your injury prevents you from working. If payments are delayed or denied without good cause, you may be entitled to penalties or additional compensation.
This is another stage where having an attorney can help. At Invictus Law, P.C., we communicate directly with insurers on behalf of our clients to ensure deadlines are met, benefits are paid on time, and workers are treated fairly.
Step 8: Seek Legal Guidance Early
Even though workers’ compensation is designed to be an employee-friendly system, it can feel anything but simple. Employers and insurance companies often look for ways to deny or limit claims, especially if they think the injury wasn’t reported correctly or the deadlines were missed. Having an attorney early in the process ensures that every step, from the first report of injury to the submission of medical records, is handled correctly and strategically.
Invictus Law, P.C., represents injured workers throughout Orange County and the Inland Empire, with offices conveniently located in Orange and Ontario. We help clients file claims, handle disputes with insurers, and obtain the maximum benefits allowed under California law.
Protecting Your Rights from Day One
After a workplace injury, the steps you take in the first few days and weeks can determine the entire outcome of your case. Report the injury promptly, seek medical care, file your claim, and document every part of your recovery. If you encounter resistance from your employer or the insurance company, don’t hesitate to get legal help.
The workers’ compensation system exists to protect you, but it works best when you know your rights and have someone on your side who understands how to enforce them.
If you’ve been injured on the job in Orange County or the Inland Empire, contact Invictus Law, P.C., today for a free consultation. We’ll explain your rights, meet every deadline, and help you secure the medical treatment and financial benefits you deserve.
