Mistakes To Avoid When You’re Injured at Work

After a workplace injury in California, you may be entitled to multiple forms of compensation, including workers’ comp benefits and damages in a third-party claim.

However, these are not automatic. The steps you take after a work accident matter. A simple mistake can delay treatment, weaken your claim, or give the insurance company an excuse to dispute what happened. If you were hurt at work in California, you should avoid these common mistakes.

Waiting Too Long to Report the Injury

Do not wait to tell your employer about your accident. You should report the injury to your supervisor or HR department as soon as possible. A written report is best practice. If you report the injury verbally, follow up with an email or text so there is a record.

Waiting too long can create problems for any claim you file later. The [1]California Division of Workers’ Compensation says that if your employer does not learn about your injury within 30 days, and the delay keeps the employer from fully investigating what happened, you could lose your right to workers’ compensation benefits.

After your employer learns about your injury, they must give you or mail you a workers’ compensation claim form within one working day. Fill out the employee section and return it as soon as possible to protect your rights.

Not Getting Medical Care

You should get medical care as soon as possible. Medical records help show your injuries and link them to a work accident. Delayed care gives the insurance company a chance to say your injury was minor or not related to work.

Ignoring Work Restrictions

If your doctor gives you restrictions, follow them. Ignoring restrictions can make your injury worse. It can also allow the insurance company to argue that you aggravated your injury by failing to follow medical advice.

Failing To Ask About the Proper Claim Forms

In California, work injuries may require specific reports and forms, including the [2]DWC-1 form. Ask what forms you need to fill out. Keep copies of anything you send or receive. If your employer refuses to give you forms, delays your claim, or discourages you from filing, you may need to talk to a workplace accident attorney.

Giving a Recorded Statement Too Soon

Insurance adjusters may contact you in the days or weeks after a work injury. They may ask for a recorded statement for your file. However, a recorded statement can be used against you later. If you are unsure whether to give a statement, speak with an attorney first.

Posting About the Accident Online

Avoid posting about your injury or claim on social media. Insurance companies may review your online activity and use your posts out of context.

Missing Out on Third-Party Claims

Some workplace accidents are caused by another person’s negligence. If you have proof that someone else caused your accident, you may be able to file a lawsuit or a claim through that person’s insurance. These claims can give more compensation than workers’ compensation, such as lost income and money for pain and suffering.

If a third party (such as a subcontractor, property owner, manufacturer, or another negligent party) helped cause your accident, they may be responsible for your losses. More than one person can be responsible for the same accident.

Accepting a Quick Settlement

Accepting a settlement too soon can leave you with uncovered expenses. You may not know whether you need work restrictions or future care.

Once you settle, you may not be able to reopen your claim later. We usually advise that you do not accept money or sign a release until you understand the full extent of your injuries and the value of your claim.

[1] https://www.dir.ca.gov/dwc/wcfaqiw.html%5C

[2] https://www.dir.ca.gov/dwc/WCFaqIW.html#4