What to Do if You’re Injured at Work
What Should I Do If I’ve Been Injured at Work?
If you’ve been injured at work in California, it can feel overwhelming. Not only are you dealing with physical pain and medical bills, but you may also worry about lost wages, your future at the company, and the uncertainty of what comes next. This guide will walk you through what to do if you’re hurt on the job in California, so you can take the right steps to protect yourself, your health, and your financial stability.
Step 1: Report the Injury
One of the first things you need to do after getting hurt at work is to report the injury to your employer. This is critical. California law requires that workplace injuries be reported as soon as possible. Even if the injury seems minor, report it right away because some injuries, like strains or repetitive stress injuries, might not seem serious at first but can worsen over time.
When you report the injury, ask your employer for a Workers’ Compensation claim form, also known as DWC Form 1. Filling out this form is the official way to start your Workers’ Compensation case. Once you submit it, your employer must forward it to their insurance company, and you’ll start the process of receiving benefits.
Step 2: Seek Medical Attention
Your health and well-being come first. If the injury is an emergency, don’t hesitate—get medical help right away. After receiving emergency care, or if your injury is not immediately life-threatening, let your employer know about your injury so they can guide you on where to seek medical attention through their Workers’ Compensation medical provider network (MPN).
It’s important to know that if your employer has a specific network of doctors, you may need to see one of these doctors for treatment to be covered. However, if you’ve already pre-designated your own physician in writing before the injury occurred, you have the right to see your own doctor instead.
Step 3: Understand Workers’ Compensation
Workers’ Compensation is a type of insurance that nearly all employers in California are required to carry. It’s designed to protect both employees and employers when workplace injuries happen. If you get hurt on the job, Workers’ Compensation should cover your medical expenses, a portion of your lost wages, and, if necessary, vocational rehabilitation or retraining.
The beauty of Workers’ Compensation is that it’s a “no-fault” system. This means you don’t have to prove that your employer was negligent or at fault for your injury. As long as the injury happened at work or was caused by your job, you’re entitled to benefits.
What Does Workers’ Compensation Cover?
Medical Care: Workers’ Compensation will pay for medical treatment related to your injury, including doctor visits, hospital stays, surgeries, prescriptions, and physical therapy.
Temporary Disability Benefits: If your injury prevents you from working, you’re entitled to temporary disability benefits. These are payments to help replace your lost wages while you recover. Typically, you’ll receive about two-thirds of your average weekly wage.
Permanent Disability Benefits: If your injury causes permanent damage and you can’t return to the same job or full capacity, you may qualify for permanent disability benefits.
Supplemental Job Displacement Benefits: If you can’t return to your previous job because of your injury, Workers’ Compensation can help pay for retraining or skill enhancement to find new employment.
Death Benefits: In the tragic case where a workplace injury results in death, the family members of the deceased worker may be entitled to death benefits.
Step 4: Know When Workers’ Compensation Applies (And When It Doesn’t)
Understanding when Workers’ Compensation applies can save you a lot of confusion down the road. Workers’ Compensation is designed to cover most work-related injuries, but not all injuries that happen at work are automatically covered.
When Does Workers' Compensation Apply?
Workplace Injuries: Any injury that happens while you’re performing your job duties should be covered. This includes accidents, like slipping and falling at work, getting hurt by equipment, or developing a repetitive stress injury over time from tasks like typing or lifting.
Illnesses Caused by Work: Workers’ Compensation also covers illnesses or conditions caused by exposure at work, such as respiratory problems from inhaling harmful substances, or skin conditions caused by exposure to chemicals.
Mental Health Conditions: In some cases, you can receive Workers’ Compensation for mental health conditions, like stress or anxiety, if they were caused by your job. However, proving these claims can be challenging.
When Workers’ Compensation Doesn’t Apply
There are situations where Workers’ Compensation won’t cover your injury, and knowing these exceptions can help you avoid frustration.
Injuries During Non-Work-Related Activities: If you were injured while on your lunch break or while doing something outside of your job duties, Workers’ Compensation likely won’t apply.
Intentional Injuries: Workers’ Compensation does not cover self-inflicted injuries or injuries caused by your own misconduct, such as engaging in illegal activity or violating safety regulations.
Independent Contractors: California law draws a strict line between employees and independent contractors. Workers’ Compensation only applies to employees. If you’re classified as an independent contractor, you may not be eligible for Workers’ Compensation, although this classification can sometimes be disputed.
Step 5: Explore the Option of Third-Party Tort Claims
In some cases, you might be able to file a lawsuit against a third party, in addition to your Workers’ Compensation claim. This is called a third-party tort claim.
Workers’ Compensation is generally the exclusive remedy against your employer, meaning you cannot sue your employer for a workplace injury. However, if someone other than your employer or a co-worker caused your injury, you might have the right to file a lawsuit for damages.
For example:
Defective Equipment or Products: If a defective machine or piece of equipment caused your injury, you could file a lawsuit against the manufacturer of the equipment.
Negligent Contractors or Subcontractors: If a contractor, subcontractor, or another company working alongside your employer caused the accident, you might be able to sue them for negligence.
Vehicle Accidents: If you were driving or riding in a vehicle as part of your job and were injured in a car accident caused by another driver, you could potentially sue that driver.
Why is this important? Workers’ Compensation benefits, while crucial, are limited in scope. They don’t cover things like pain and suffering, and they only provide partial wage replacement. A third-party lawsuit can allow you to recover more damages, including compensation for pain and suffering, full lost wages, and other out-of-pocket costs.
Step 6: Don’t Hesitate to Ask for Help
Dealing with a work injury can be confusing and emotionally draining, especially when you’re trying to focus on your recovery. If you feel overwhelmed or unsure about your rights, don’t hesitate to seek legal guidance.
Workers’ Compensation laws can be tricky, and insurance companies are often focused on minimizing payouts. An experienced Workers’ Compensation attorney can help you navigate the process, ensure you’re getting the full benefits you’re entitled to, and even explore other avenues of compensation, like third-party tort claims. We don’t do any Workers’ Compensation. But, we handle some third-party lawsuits.
Hiring an attorney also means having someone on your side to handle paperwork, negotiate with insurance adjusters, and make sure deadlines are met. This can give you peace of mind and allow you to focus on what matters most—your health and recovery.
Step 7: Keep Detailed Records
Throughout the process, it’s important to keep thorough records of everything related to your injury. This includes:
A copy of the accident report you made to your employer
Medical records and receipts for treatments
Any correspondence with your employer or their Workers’ Compensation insurer
Notes about how your injury is affecting your ability to work and your daily life
These records will be essential if there are any disputes about your claim or if you decide to pursue a third-party lawsuit.
Step 8: Returning to Work
Once you’re on the road to recovery, you might start thinking about returning to work. Your doctor will be a key part of determining when you’re ready and whether you need any accommodations or restrictions. It’s important to follow your doctor’s recommendations and not rush back before you’re ready, as this could worsen your condition and delay your full recovery. It might help to talk to an experienced Central Coast employment lawyer before returning to work.
In some cases, you may not be able to return to the same job due to the nature of your injury. If this happens, Workers’ Compensation may provide vocational rehabilitation or job displacement benefits to help you retrain for a different line of work.
You Have Rights—Make Sure They’re Protected
Getting injured at work is never something you plan for, but knowing your rights and understanding the Workers’ Compensation process can make all the difference in your recovery. You’re not alone in this, and you shouldn’t have to navigate it without support.
Workers’ Compensation is there to help cover your medical expenses and lost wages, but if you believe a third party is responsible for your injury, exploring a lawsuit may provide additional compensation. Most importantly, don’t be afraid to ask for help—whether from a doctor, an attorney, or a trusted friend. Your health and future are worth fighting for, and you deserve to have the resources and support you need to get back on your feet.