After a workplace injury, you might expect your employer to follow the law—helping you get medical care and filing the proper paperwork with their insurance company. But unfortunately, many workers find themselves in a difficult situation: their employer refuses to report the injury.
This is more common than you might think, especially in industries like construction, agriculture, food service, and janitorial work. Some workers are paid in cash, others are undocumented, and many are afraid to speak up.
At Kinsler Law, we help workers throughout Ventura County protect their rights when employers try to ignore, delay, or deny their injuries.
California Law Requires Employers to Report Work Injuries
Under California Labor Code, employers are legally required to report any work-related injury to their workers’ compensation insurance provider within one business day after learning of it. They must also provide the injured worker with a Workers’ Compensation Claim Form (DWC-1).
If your employer refuses to do either, they are violating the law—and you still have options to protect your claim.
Why Some Employers Refuse to File Reports
Unfortunately, some employers try to avoid reporting injuries because they don’t want to face increased insurance costs or penalties. In some cases, they may not carry workers’ compensation insurance at all (which is also illegal).
Here are common excuses or tactics we see:
- Claiming your injury “didn’t happen at work”
- Telling you to use your own insurance or “walk it off”
- Paying you in cash to avoid paperwork
- Threatening to fire or retaliate against you
- Ignoring the injury altogether
None of these are acceptable. You have the legal right to file a claim and get medical care—even if your employer doesn’t cooperate.
What to Do if Your Employer Refuses to File the Injury Report
If your employer refuses to report your injury or give you the DWC-1 form, here’s what you should do:
1. Document Everything
- Write down the details of the injury: date, time, location, what happened, and who witnessed it.
- Keep copies of any texts, emails, or messages with your employer.
- Take photos of your injury and where it happened, if possible.
2. File a Claim Yourself
You don’t need your employer’s permission to file a workers’ compensation claim in California. You can:
- Contact the Division of Workers’ Compensation (DWC)
- Call an attorney who can submit the claim on your behalf and protect your rights
3. Seek Medical Treatment
If your employer won’t send you to a doctor, go to an emergency room or urgent care if necessary. You can explain that the injury happened at work and provide the employer’s name.
Once you file your claim, the insurance company will be responsible for covering your medical bills—even if your employer delayed the process.
4. Call a Workers’ Compensation Attorney
If your employer is not cooperating, it’s critical to speak with a lawyer. Delays in filing can hurt your claim. An attorney can:
- File your claim directly
- Get you in touch with a doctor
- Protect you from retaliation
- Help you recover lost wages and other benefits
- Take legal action if your employer is uninsured or violating the law
What If You’re Undocumented or Paid in Cash?
Even if you are an undocumented worker or are paid off the books, you still have the right to file a claim and receive benefits. California law protects all employees, and your immigration status does not affect your right to compensation.
At Kinsler Law, we work with many undocumented clients in Oxnard, Santa Paula, and Ventura who have experienced similar situations. Your status is kept confidential, and we will never ask for documentation you’re uncomfortable sharing.
Don’t Wait—There Are Time Limits
California has strict deadlines (known as statutes of limitations) for filing a workers’ compensation claim. In most cases, you must notify your employer within 30 days of your injury, and file a formal claim within one year. If your employer refuses to cooperate, speak to an attorney immediately to avoid losing your rights.
Kinsler Law Is Here to Help
If your employer won’t file your injury report, don’t let fear, confusion, or intimidation stop you from protecting your health and your future.
At Kinsler Law, we offer:
- Free consultations by phone or Zoom
- Legal support in English and Spanish
- No upfront fees — you pay nothing unless we win
- Experience working with immigrant workers, cash-paid workers, and others in high-risk jobs
Contact Kinsler Law Today
You do not need your employer’s permission to protect your rights. Whether they cooperate or not, the law is on your side.
Call Kinsler Law today for a confidential, no-obligation consultation. We’ll explain your options, help you take action, and fight for the compensation and medical care you deserve.