Steps to Take Immediately After a Workplace Injury

If you’ve been hurt on the job, don’t delay. Contact J Smith Law, PC today at (661) 716-5555 to schedule a consultation and speak with an experienced workers’ compensation attorney today.

Step 1: Report the Injury Immediately

Under California law, reporting your injury as soon as possible is an important first step. The law requires injured workers to notify their employer within 30 days of the injury; however, the sooner you report it, the better.

Why it matters:

• Failing to report your injury on time could result in a denial of your workers’ compensation benefits.
• Reporting creates a record that supports your claim.

How to do it:

• Report to your supervisor, manager, or human resources department.
• Make the report in writing whenever possible and keep a copy for your records.
• Describe the date, time, location, and nature of the injury.

If your employer fails to act or discourages you from reporting, contact J Smith Law, PC immediately.

Step 2: Seek Immediate Medical Attention

Even if your injury seems minor, getting medical treatment is important for both your health and your claim.

Tips for seeking medical care:

• In emergencies, go directly to the nearest emergency room or call 911.
• For non-emergencies, your employer could direct you to a designated medical provider network (MPN).
• Make sure to tell your doctor that your injury happened at work, and make sure it’s documented that way.

Medical documentation is the foundation of your workers’ compensation claim. Any delay in treatment can weaken your case or give insurers an excuse to dispute your injuries.

Step 3: Fill Out a DWC-1 Claim Form

After reporting the injury, your employer is required to provide you with a Workers’ Compensation Claim Form (DWC-1) within one working day.

What you should know:

• Complete the employee section of the form and return it to your employer.
• The employer fills out the rest and submits it to their insurance carrier.
• Ask for a copy of the completed form for your records.

If your employer doesn’t give you the form or refuses to file it, J Smith Law, PC can help you file directly with the Division of Workers’ Compensation (DWC).

Step 4: Keep Detailed Records

Strong documentation can make all the difference between your claim getting approved and your claim getting denied.

Important items to track:

• Medical records and bills
• Prescriptions
• Work restrictions or light-duty notices
• Emails or letters from your employer or insurer
• Mileage logs for travel to medical appointments

Creating a timeline of events can also help our attorneys build a compelling case in the event that your claim is challenged.

Step 5: Follow Your Doctor’s Orders

If you’re non-compliant with treatment, this could be a major red flag for insurance carriers. If you feel the treatment is inadequate or biased toward the employer, you can request a Qualified Medical Evaluator (QME). J Smith Law, PC, can guide you through the QME process to ensure a fair and impartial evaluation.

Step 6: Understand What Benefits You’re Entitled to

Understanding your full range of benefits is essential to making informed decisions and ensuring you don’t leave anything on the table.

Some common benefits include:

• Medical treatment costs
• Temporary disability benefits (TD) while you can’t work
• Permanent disability benefits (PD) if you have a lasting impairment
• Supplemental job displacement benefits (SJDB) for retraining
• Death benefits to dependents if the injury results in death

Each benefit category has specific rules, deadlines, and formulas. The team at J Smith Law, PC can help you determine what you’re entitled to and ensure nothing is left on the table.

Step 7: Be Aware of Employer Retaliation

It’s illegal for an employer to retaliate against you for filing a workers’ compensation claim. When it comes to these kinds of cases, retaliation could include:

• Firing or demoting you
• Reducing your hours or pay
• Creating a hostile work environment
• Refusing reasonable accommodations

If you suspect retaliation, the team at J Smith Law, PC can step in to protect your rights.

Step 8: Respond Promptly to All Insurance Requests

After your claim is filed, you’ll likely hear from your employer’s workers’ compensation insurance carrier. It’s important to be cautious, but responsive.

Dos:

• Cooperate with reasonable requests.
• Clarify all communications in writing.
• Contact your lawyer before signing anything.

Don’ts:

• Don’t give recorded statements without legal guidance.
• Don’t minimize or exaggerate symptoms.
• Don’t agree to a settlement without consulting an attorney.

Insurance adjusters may try to settle quickly, often for less than your claim is worth.

Step 9: Consult a Workers’ Compensation Attorney

While you’re not legally required to hire an attorney, the system is complex and often stacked against injured workers, especially when it comes to delays and denials.

Having legal representation ensures:

• Your paperwork is complete and submitted on time
• You receive the maximum benefits you deserve
• You’re protected from retaliation or unfair treatment
• Denied claims are appealed effectively
• You are not misled or pressured into lowball settlements

At J Smith Law, PC, we take the burden off your shoulders and fight for the full compensation you’re owed.

Common Pitfalls to Avoid

Even when you follow the right steps after a workplace injury, certain mistakes can weaken or even derail your workers’ compensation claim. These missteps are often unintentional, but insurance companies may use them as justification to delay, reduce, or deny your benefits. Some of the most common pitfalls can include:

• Verbal-only reporting (always document in writing)
• Gaps in treatment that make it seem like you’re healed
• Social media posts that contradict your injury
• Settling without understanding the long-term effects
• Not knowing your rights after returning to work

If you think you’ve made a mistake, don’t panic. J Smith Law, PC is here to guide you through the process, defend your rights, and prevent small errors from becoming costly setbacks.

Take Control of Your Recovery By Contacting Our Workplace Injury Lawyers At J Smith Law, PC Today

At J Smith Law, PC, we’re committed to helping California workers get the treatment, benefits, and justice they deserve. If you’ve been injured at work, don’t wait.

Contact us today at (661) 716-5555 to schedule a consultation and get the help you need, because your health and your livelihood are worth fighting for.