What to Do in the First 24 Hours After a Work Injury
A workplace injury can happen without warning, and the moments that follow can feel chaotic. The good news is that you do not have to figure it out on your own. Here is a clear, step-by-step breakdown of what to do in the first 24 hours after a work injury in California to protect your health and your claim.
Step 1: Seek Medical Attention
Your health is the first priority. If your injury is a medical emergency, call 911 or go to the nearest emergency room immediately. For non-emergency injuries, let your employer know you need medical care. California workers' compensation entitles you to treatment through an approved provider. Do not delay seeking care, even for seemingly minor injuries, as gaps in treatment can be used against your claim later or even worsen your expected medical outcome.
Step 2: Report the Injury to Your Employer
Notify your employer about the injury as soon as possible. California law gives you up to 30 days to report a workplace injury, but reporting it right away is always the better move. A prompt, documented report can protect your legal right to benefits and prevent your employer or their insurer from later arguing that the injury did not happen on the job.
Step 3: Document the Scene and Collect Information
If you are physically able to do so, take photos of the area where the injury occurred, any equipment or conditions involved, and any visible injuries. If coworkers witnessed the incident, collect their names and contact information.
Step 4: Do Not Sign Anything
Your employer or their insurance company may ask you to sign documents shortly after your injury. Do not sign anything without first consulting an attorney. Some documents may seem routine but could limit your rights or the benefits you are entitled to receive.
Step 5: Stay Off Social Media
Avoid posting about your injury, your recovery, or your daily activities on social media. Insurance companies routinely monitor the accounts of claimants and can use photos or posts out of context to challenge the validity of your claim.
Step 6: Contact a Workers' Compensation Attorney
Speak with an attorney once you have a free moment, so you can start to know your options early in the process. At Pacific Workers', The Lawyers for Injured Workers, we offer free consultations to injured workers across California, with no upfront costs and no obligation to move forward. The sooner you reach out, the sooner we can help you protect your rights and seek the workers’ comp benefits that you deserve.
Do you have more questions about what to do after a work injury in California? Contact us online or call (888) 740-6434 at any time to ask for your free case review.
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Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?
Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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How Is Workers’ Compensation Calculated for Seasonal Workers?
Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
