Workplace injuries disrupt physical health and financial stability. Whether the incident occurred on a construction site, in an office, or during transportation duties, it is important to understand how California law addresses injuries sustained during employment. Taking the appropriate action early can influence the outcome of a claim and help protect access to medical treatment and wage benefits.

 

What Should I Do Right After a Workplace Injury Happens?

 

Here’s what to do immediately after a workplace injury occurs:

  • Seek medical attention right away.
  • Report the injury to your supervisor promptly.
  • Document everything (injury details, time, location, witnesses).
  • Take photos of the injury and accident scene if possible.
  • File a Workers’ Compensation claim.
  • Follow medical advice precisely.
  • Keep records of all medical visits and expenses.

Follow the Workers’ Compensation provider’s instructions carefully; failing to follow their rules or making mistakes on documentation causes benefit delays and denials.

 

How Do I Report a Workplace Injury to My Employer?

 

State law requires that employers provide a Workers’ Compensation claim form within one working day of learning about an injury. Submit a written or verbal report that describes how, when, and where the harm occurred; keep a record of the report date, time, and the name of the person who received the information. Follow up with a written statement even if oral notification has already taken place.

 

What Medical Treatment Options Are Available Under Workers’ Compensation?

 

Under California rules, an injured employee may choose a primary treating physician from the employer’s medical provider network. If treatment from an out-of-network doctor is required, the insurer must authorize that selection within two business days. Emergency care may be sought at any facility without prior approval.

 

All medical expenses, physical therapy, surgical procedures, and prescription medications related to the injury should be covered. Maintain copies of medical records and invoices, as these documents will support any claim for reimbursement or ongoing benefits.

 

What Happens if My Claim Is Disputed?

 

A dispute may arise if the insurer questions the cause of the injury or the necessity of proposed treatments. In such cases, the employee may file a petition with the Workers’ Compensation Appeals Board. The board will schedule a hearing before a judge who will review evidence from both parties, including medical expert testimony and witness accounts. The judge issues an award or order that resolves benefit entitlements. The decision may be appealed to higher courts if legal standards were misapplied.

 

What Should I Know About Return-To-Work Options?

 

When a treating doctor certifies that modified duties are appropriate, the employer must offer assignments that accommodate any restrictions. If transitional work is not available, ongoing temporary disability benefits remain payable.

 

The employer is responsible for providing notice of available positions before making permanent staffing decisions. A successful return to work often involves cooperation between the employee, the insurer, and medical personnel to develop a plan that promotes recovery while preserving income.

 

When Should I Seek Legal Advice After a Workplace Injury?

 

It may be advisable to consult with a lawyer if the insurer delays approval, denies treatment requests, or undervalues wage replacement. Legal counsel can review the claim, advise on rights under state law, and communicate with the insurer on behalf of the employee.

 

An attorney can also manage your appeals before the Workers’ Compensation Appeals Board and suggest strategies for pursuing maximum benefits for medical care and loss of income. Remember, early consultation helps identify potential issues before deadlines pass.

 

Need Legal Help With a Workplace Injury Claim? Contact Our Ontario Work Injury Lawyers at Lerner, Moore, Silva, Cunningham & Rubel

 

Our Ontario work injury lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) can review your case, answer your questions, and guide you through each phase of the legal process. To learn more, call 909-889-1131 or complete our online form for a free consultation. Located in Victorville and Ontario, California, we serve clients in San Bernardino County, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.

 


Helping the Injured & Disabled Since 1976
Helping the Injured & Disabled Since 1976



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Making a false or fraudulent workers’ compensation claim is a felony subject to up to five years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. The information contained on this website does not guarantee, warranty, or predict the outcome of your case.