What are the immediate steps I must take after a work-related injury to ensure I can file a workers' compensation claim in California?
To protect your right to a workers' compensation claim, you must immediately report your injury to your employer in writing and file an official claim form. Following these steps is critical to securing your benefits.
Here are the immediate steps you must take:
Step 1: Report Your Injury
You must report your injury to a supervisor, manager, or human resources representative within 30 days. Report it immediately, even if it seems minor. Do this in writing (like an email) so you have a dated record of the notification. Verbally telling your boss is acceptable, but a written report is stronger evidence.
Step 2: Get Medical Care
Ask your employer for medical treatment. For a serious injury, go to an emergency room or urgent care right away and inform the medical staff that your injury is work-related. By law, your employer must authorize up to $10,000 in medical care while they review your claim, even before it is accepted.
Step 3: Obtain and Complete the Claim Form
Your employer is required to give you a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your injury. If they fail to provide it, you can download the form from the California Division of Workers' Compensation website. Fill out the "Employee" section completely and accurately.
Step 4: File the Claim Form
Return the completed DWC 1 form to your employer. Before you do, make a copy for your personal records. The date your employer receives the form is your official claim filing date. This is the most important step to formally start the process.
Important considerations:
Once you file the DWC 1 form, the law creates a "presumption of compensability." This means if your employer's insurance carrier does not deny your claim within 90 days, your injury is presumed to be covered by workers' compensation. Always keep detailed notes of your symptoms, medical visits, and any conversations you have with your employer or their insurance company.
Note:
Missing the 30-day deadline to report your injury can result in your claim being denied. Do not delay. Be cautious when speaking with insurance adjusters, as your statements can be used to evaluate your claim.
This is general information and does not constitute legal advice. For complex situations, or if your claim is delayed or denied, you should consult with a qualified California attorney specializing in workers' compensation.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Employment Law
Worker rights, wages, and employment regulations
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