Injured at Work in California? What to Do Next

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A work injury can leave you worried about your health, paycheck, and job. You may also receive forms and letters that are hard to understand.

Taking a few basic steps can help protect your workers’ compensation claim.

Report Your Injury

Tell your supervisor or employer about the injury as soon as possible. Explain when it happened, how it happened, and which parts of your body were hurt.

Report the injury even if it seems minor at first. Some conditions become more painful over the next several days. Other injuries develop slowly after months or years of repeated work.

Ask your employer for a workers’ compensation claim form, also called a DWC-1 form. Complete the employee section, keep a copy, and return the form to your employer. Filing this form starts the workers’ compensation claim process. California DWC claim guidance

Get Medical Care

Ask your employer where you should go for authorized medical treatment. Tell the doctor that your injury happened at work.

Give the doctor clear information about:

How the injury happened
Every body part that hurts
Your regular job duties
Activities that make your symptoms worse
Any earlier injuries involving the same body parts

Follow the doctor’s work restrictions. Keep copies of medical reports, work-status notes, prescriptions, and appointment information.

Was It One Accident or an Injury That Developed Over Time?

Some workers suffer an injury during one event. Examples include falling from a ladder, being struck by equipment, or getting hurt in a job-related vehicle accident.

Other conditions develop after repeated lifting, bending, typing, scanning, reaching, or standing. California workers’ compensation calls this a cumulative trauma injury.

Tell your doctor about all the work activities that may have contributed to your condition. A clear description of your duties can help the doctor understand how the symptoms developed.

What Benefits May Be Available?

Depending on your injury and claim status, California workers’ compensation may provide:

Medical care for the work injury
Temporary disability payments while you cannot perform your usual job
Permanent disability payments if you do not fully recover
A supplemental job displacement voucher in qualifying cases
Death benefits for qualifying dependents after a fatal work injury

The California Division of Workers’ Compensation identifies these as the five basic benefit categories. California DWC benefits information

Benefits are not automatic. Disputes may arise over whether the injury happened at work, what treatment you need, or whether you can return to your job.

Pay Attention to Insurance Company Letters

After you file a claim, the employer’s insurance company or claims administrator will review it. You may receive letters about medical treatment, benefit payments, appointments, or the acceptance or denial of your claim.

Open every letter and keep it with your records. Note any date by which the letter asks you to respond. Ask questions if you do not understand what the insurance company wants.

Follow Your Work Restrictions

Your doctor may limit lifting, standing, driving, reaching, or other activities. Give a copy of those restrictions to your employer.

Do not perform work that goes beyond the doctor’s restrictions. If your employer offers modified work, review the duties carefully. Contact an attorney if the assigned work conflicts with your medical limits or causes your symptoms to worsen.

Do Not Wait Until After a Layoff or Termination

Some workers stay quiet because they fear losing their jobs. Waiting until employment ends can create additional legal problems, especially when an injury developed gradually.

A claim filed after termination is not automatically invalid. However, special rules and exceptions may apply. Documentation created before the employment ends can become important.

Learn more about post-termination workers’ compensation claims in California.

When Should You Speak With an Attorney?

Consider getting legal advice if:

The insurance company denied your claim.
Your medical treatment has been delayed or denied.
You are not receiving disability payments.
Your doctor is sending you back to work too soon.
Your employer will not follow your medical restrictions.
The insurance company disputes whether work caused your injury.
Your symptoms developed over time.
You were laid off or terminated.
You received settlement papers that you do not understand.

An attorney can review the facts, explain the process, and help you understand your options. No attorney can guarantee the result of a workers’ compensation claim.

Cleveland & Metz represents injured workers in the Inland Empire and surrounding communities. Contact our office for a free consultation about your California workers’ compensation claim.

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