When accidents happen, knowing where to report a workplace injury could be the difference between being bogged down in bureaucracy and promptly getting the right benefits.
In this guide, we’ll walk you through how to report a workplace injury under California law, answer common questions about workers’ comp, and address the steps you should take to ensure your health and safety.
Why Reporting a Workplace Injury Immediately is Essential
The best reason to quickly report a workplace injury is for your own safety. This is especially true of severe injuries, but no matter what, quicker is better. The sooner your employer knows you’re hurt at work, the sooner you can receive treatment, begin recovery, and receive appropriate benefits.
Per the Department of Industrial Responsibility (DIR), you have 30 days to report a workplace injury before you risk losing the right to file a workers’ compensation claim. But you should start well before that in case the process gets complicated.
What About Illnesses?
With chronic health conditions, symptoms might not surface immediately, sometimes not for weeks. Nevertheless, report any such illness the second you suspect it might be work-related.
Who Should You Report a Workplace Injury To?
Start with your immediate supervisor. They’ll first make sure you get any emergency treatment you need. They’ll also either give you the form you’ll need for your workers’ comp claim or help make sure you get it.
How Can You File a Report With OSHA?
Ideally, you won’t need to. Under state law, your employer should report the injury promptly: first to California’s division of the Occupational Health and Safety Administration (Cal/OSHA), then to the insurer that handles their worker’s comp claims.
Unfortunately, it’s possible your employer might try to sweep a workplace injury or illness case under the rug. Report an OSHA violation if you don’t receive a worker’s comp claim form within one working day of alerting your employer.
We’ll delve more into the OSHA contact process later in this guide. But it starts with a simple phone call or email to the Cal/OSHA office closest to where you work.
What To Do After Reporting a Workplace Injury
As noted above, if your employer follows proper procedure, they’ll contact OSHA in the required time frames:
- Fatal or severe injuries/illnesses: Eight hours or less after you report an injury. If exigent circumstances make this impossible, no later than 24 hours.
- Less severe injuries/illnesses: 24 hours after your report.
Then, they should give you a DWC 1 form.
How to Apply for Workers’ Compensation
Fill out every applicable field in the “employee” portion of the DWC 1 and return it to your employer. Then, ideally, they’ll fill out the “employer” section and submit it to a claims administrator at their insurance company. Within one working day, they should also give you a copy of that completed form.
If I Get Injured at Work, Do I Get Paid?
If the insurer’s claims administrator accepts your claim, you’ll begin receiving payments, retroactive to the date of your injury or illness, which vary based on your current earnings. Your employer is also obligated to cover all medical expenses.
However, it could take up to 90 days for the administrator to make a decision, which is quite a while if you don’t have other income or savings to tide you over. Because of this, the Department of Industrial Responsibility recommends applying for California’s State Disability Insurance program. These benefits can help you stay above water if your workers’ comp is delayed or denied.
Common Questions About Workplace Injuries
Q: What If You Just Started a New Job and Got Injured in California?
A: You’re still eligible for workers’ comp. Your tenure at a given position has nothing to do with compensation or reporting requirements.
Q: How Long Can You Be On Workers’ Comp in California?
A: Under current law, workers’ comp for temporary disability can last 104 weeks from the date of your first payment (not your injury). Payments for certain long-term injuries, including severe burns, can go up to 240 weeks.
Permanent disability workers’ comp is indefinite and may continue even if you return to work. But it can only begin two weeks after temporary payments end and requires approval from the Division of Workers’ Compensation.
Q: Will My Employer Fire Me for Being on Workers’ Comp?
Legally, they can’t, based on the California Labor Code, as explained in the DIR Workers’ Comp Guidebook. The Fair Employment and Housing Act (FEHA) also obligates all employers with 50+ workers to provide at least 12 weeks of unpaid leave in injury situations.
However, unscrupulous employers may terminate you and claim it was for other reasons. Shady rule-bending like this is hardly unheard of, so having proper legal guidance is invaluable to a workers’ comp case.
How You Can File a Report With OSHA
Determine which Cal/OSHA office covers your workplace with the district office locator. Then, call them (Monday-Friday,8 a.m.-5 p.m.) or send an email.
Provide your name and contact details, your employer’s contact info (including your supervisor’s name), and a detailed description of the violation. It’s best to include as much information as possible. (DIR provides examples of facts you may want to include on its website.)
Depending on the situation’s severity, Cal/OSHA either conducts an unannounced onsite inspection or contacts your employer. In the latter case, the company has 14 days to respond and explain how they’re correcting the issue. If they don’t, they can expect an inspection (and possible penalties).
Why You Need Legal Support After a Workplace Injury
Getting hurt at work is traumatic and overwhelming. While California agencies can offer help, the workers comp process can be hard to handle without expert legal assistance. If your claim is denied, the appeal process is also tricky.
The May Firm’s personal injury lawyers are well-versed in workplace injury and illness issues, including appeals and dealing with employer retaliation.
Don’t suffer alone. Contact a May Firm injury lawyer immediately for the justice and assistance you deserve.
