A Guide for Injured Employees to Protect Their Rights and Benefits
Suffering a workplace injury in California can be stressful and confusing — especially when you’re navigating the workers’ compensation system for the first time. While California law protects injured employees, many workers unintentionally jeopardize their claims by making common (and avoidable) mistakes early in the process.
Whether you work in construction, warehouses, agriculture, manufacturing, or another high-risk industry, knowing what not to do after a work injury is just as important as knowing what steps to take.
At Kinsler Law, we’ve seen firsthand how simple missteps can result in delayed treatment, denied claims, and loss of critical benefits. This guide covers the most frequent errors injured workers make — and how you can avoid them.
1. Failing to Report the Injury Immediately
California law requires you to report your injury within 30 days, but waiting even a few days can raise red flags with your employer or their insurance company. In some cases, delays lead to questions about whether the injury really happened at work.
What to do instead:
- Report your injury to your supervisor as soon as it happens or as soon as you notice symptoms.
- Submit the report in writing (email or text is acceptable — keep a copy).
- Ask for a DWC-1 Claim Form, which your employer is required to provide.
2. Not Seeking Medical Attention or Ignoring Minor Injuries
Many workers try to “tough it out” after an injury, especially if the symptoms seem minor at first. But this can delay recovery and weaken your claim.
Why it matters:
- Insurance companies may argue the injury isn’t serious if you didn’t seek care.
- Waiting can make your condition worse or harder to treat.
Get checked out by a doctor immediately — and tell them it’s a work-related injury so it’s documented correctly.
3. Not Being Honest or Consistent About the Injury
Inconsistencies in your story — or failing to mention key symptoms — can be used against you. This includes what you tell your supervisor, doctor, or insurance adjuster.
How to protect yourself:
- Stick to the facts and avoid exaggerating or downplaying your condition.
- Report all areas of pain, even if they seem minor.
- Don’t leave out past injuries, but be clear about what’s new or worsened.
4. Choosing the Wrong Doctor — or Not Knowing Your Rights
In California, employers usually direct you to a doctor in their Medical Provider Network (MPN). While you must start there, you have rights to request a second opinion or change doctors if you’re not receiving proper care.
Key tips:
- You can switch doctors after the first 30 days or through a panel QME/AME evaluation if there’s a dispute.
- Don’t feel pressured to stay with a doctor who minimizes your symptoms or rushes your return to work.
5. Returning to Work Too Soon
Employers may pressure you to return before you’re ready, or you might feel financial pressure to get back on the job. But returning to work too early can lead to re-injury or worsening your condition — and insurers may use that against you.
What to know:
- Only return to work when cleared by a qualified medical provider.
- Follow all medical restrictions — and report any tasks that go beyond those limits.
6. Not Keeping Records of Your Case
Workers’ comp cases often come down to documentation. If you’re not keeping records, it can be hard to prove your claim — especially in long-term or cumulative injury cases.
What to track:
- Dates and times of your injury and symptoms
- All communications with your employer, doctor, or claims adjuster
- Medical appointments, diagnoses, and work restrictions
- Any out-of-pocket expenses or mileage for treatment
7. Handling the Claim Alone — Without Legal Help
While some straightforward claims can be managed without an attorney, many injured workers benefit from legal guidance — especially if their claim is denied, delayed, or disputed.
At Kinsler Law, we’ve seen how early legal support helps protect your rights, streamline the process, and prevent costly mistakes.
You should consult an attorney if:
- Your injury wasn’t reported right away
- Your employer disputes the injury
- You’re not receiving the correct benefits
- You were retaliated against or fired
- You have a long-term or cumulative trauma injury
Final Thoughts: Protect Your Health and Your Rights
California’s workers’ compensation system is designed to support injured workers — but you need to act quickly, carefully, and with full knowledge of your rights. Avoiding the mistakes above can make the difference between a smooth recovery and months of frustration.
If you’ve been injured on the job, even if your employer downplays it or tells you not to report it, you have rights under California law — no matter your immigration status, job title, or how you’re paid.
Contact Kinsler Law for a Free Consultation
At Kinsler Law, we help injured workers throughout Ventura County, including Oxnard, Ventura, Santa Paula, and beyond. We offer:
- Free consultations by phone or Zoom
- Representation in English and Spanish
- No upfront fees — you only pay if we win your case
Let us guide you through the workers’ comp process and help you avoid costly mistakes.
Call Kinsler Law today to protect your health, your rights, and your future.