What Should You Do Immediately After a Workplace Injury?

A workplace accident in the Inland Empire or anywhere in California can leave you confused, in pain, and worried about your future. A sudden injury at work raises a lot of questions. What should you do immediately after a workplace injury to ensure you get the medical care you need and protect your right to benefits?

Acting quickly and correctly in the moments and days following an injury is essential for your health and your Workers’ Compensation claim. We understand that this is a stressful time. As a client-centered firm, we want to empower you with information about your case and the steps required under California law.

Prioritize Your Health: Seek Medical Treatment

Your health is the most critical concern. Seek emergency medical attention immediately, even if you don’t think your care is urgent or life-threatening. Do not delay necessary care.

Under California law, Workers’ Compensation insurance, which is a no-fault system, covers all workers. This coverage provides benefits for workers injured on the job or those who develop a job-related illness or condition.

Notifying Your Employer is Critical

Telling your employer about the injury is a crucial step under California law. You must notify your employer in writing within 30 days of the accident or within 30 days of when you learned the injury was work-related. Waiting can delay your benefits and complicate your claim.

Your notice can be verbal, but it is always better to provide it in writing, such as an email or text message. You should also keep a copy for your records. 

When notifying your employer, it is crucial to clearly state when, where, and how the injury occurred.

Filling Out the Workers’ Compensation Claim Form

Once you report the injury, your employer should provide you with a DWC-1 Claim Form. This form formally starts your claim process. Your employer has one working day after receiving notice of the injury or illness to give you this form.

You need to complete the employee section and return it to your employer. Make sure you get a signed and dated copy of the completed form for your records. This date starts the clock for certain deadlines, including the employer’s time limit to accept or deny your claim.

Documenting the Accident and Your Injuries

Detailed documentation supports your claim and helps prove that your injury happened at work. Memory fades, and details matter, so record everything while it is fresh in your mind.

Gathering Accident Details

Writing a detailed account of the accident itself can improve your chances of a successful claim. Include the date, time, location, and a complete description of what you were doing and how the injury occurred. Note the names and contact information of any witnesses, including co-workers or customers. Do not rely on your employer to gather this information.

If safe to do so, take photographs of the accident scene, any faulty equipment, or the visible signs of your injury. These visual records can be powerful evidence.

Keeping Track of Your Medical Care

Injured workers have the right to coverage for all reasonable and necessary medical expenses and treatments to recover. Coverage may include hospital stays, surgeries, doctor bills, rehabilitative care, and all expenses associated with a work accident.

Keep a separate file for all medical records, doctor names, appointment dates, and receipts related to your injury. Start a journal to track your symptoms, pain levels, and how the injury affects your daily life. Sharing these details with us helps us understand the full impact of your injury.

What to Expect Next in the Workers’ Compensation Process

After you file the DWC-1 form, your employer sends it to their insurance carrier. The insurer must authorize up to $10,000 in medical treatment right away, even while they investigate and decide whether to accept or deny your claim. They generally have 90 days to make a decision.

Receiving Benefits: Temporary and Permanent Disability

California Workers’ Compensation benefits are designed to help you recover. If a doctor says you are temporarily unable to work, you may receive Temporary Disability (TD) payments. These payments correspond to a portion of your average weekly wages and continue until you return to work or reach maximum medical improvement.

If your doctor determines your injury results in a lasting impairment, you may receive Permanent Disability (PD) payments. Additionally, you may qualify for vocational rehabilitation services when applicable.

Why Legal Guidance Matters in the Inland Empire

The steps immediately following a work injury are only the beginning of a complex legal process. Even a seemingly straightforward claim can become complicated quickly. Disputes can arise over the extent of your injury, the need for certain medical treatments, or the calculation of your average weekly wage.

Our experience encompasses complex litigation before the Workers’ Compensation Appeals Board. We draw on this depth of experience to our clients’ advantage, offering quality representation and aggressive advocacy for our clients in the Corona, Fontana, and broader Inland Empire areas.

A Focus on Immigration and Work Injury Overlap

We recognize that many members of our community, especially those in the Inland Empire, may have concerns about their legal status and how a work injury claim might affect them. Attorney Espinoza is bilingual, and his experience includes federal immigration litigation before the Department of Justice, U.S. District Courts, and Circuit Courts of Appeals. We have a particular understanding of the overlap between workers’ compensation and immigration law, which allows us to provide more comprehensive counsel to our clients.

Workers’ Compensation is for all employees in California, regardless of immigration status. Do not let fear or confusion prevent you from seeking the medical care and financial support you deserve.

Moving Forward After a Workplace Injury

If you were hurt on the job in the Inland Empire, or if you need assistance navigating a Workers’ Compensation claim or a denial of benefits, the Espinoza Law Group is ready to help. We prioritize client contact and keep you well-informed of important developments in your case. We firmly believe in empowering clients with knowledge because the more you understand about your case, the better the result that can be achieved.

We offer a free case screening for your workers’ compensation matter. You have questions; we have answers. Call us today at 213-667-0701 to speak with a member of our client-centered legal team.