If you get hurt at work, taking the proper steps afterward is extremely important – especially when it comes to telling your employer about the injury. Many workers aren’t sure exactly when or how to report what happened, and the rules can feel confusing when you’re in pain or worried about your job.
Understanding your responsibilities and not waiting too long to inform your boss can make all the difference in protecting your rights and your claim. Contact our work injury attorneys in Los Angeles to learn more.
You Must Report Your Injury Within 30 Days
In California, you are required to report a workplace injury to your employer within 30 days of the incident.
5400.
Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.
This 30-day rule is in place to ensure prompt documentation and a smoother workers’ compensation process. You must also make sure the notice is in writing.
However, not reporting your injury within this specific timeframe doesn’t always mean you lose your right to benefits. If the delay did not harm, prejudice, or mislead your employer’s ability to investigate or respond to the claim, late notice may be excused.
Courts may still allow your claim to move forward if it’s clear your employer was not unfairly affected by the delay. Still, you should always try to notify your employer as soon as possible after your injury.
Why Reporting Your Injury Quickly Matters in California
Reporting your work injury promptly in California protects your ability to receive benefits. Even though workers’ compensation is a no-fault system, acting fast avoids unnecessary obstacles and helps keep your recovery on track. Here’s why it’s so important:
Builds a Paper Trail
Letting your employer know about the injury soon after it happens ensures an official record exists from the start. This paperwork serves as crucial proof later, preventing problems or doubts about when and how you were hurt.
Prevents Disputes About Where or When It Happened
Fast reporting makes it easier to show that your injury really occurred at work. Waiting too long gives employers or insurers more reasons to claim your injury happened somewhere else or isn’t work-related at all.
Speeds Up Access to Medical Care
The sooner your employer knows, the sooner your workers’ comp claim can be started, and you can get approved access to doctors and treatment through the system.
Blocks Insurance Tactics
Insurance companies routinely question late reports. Delays often get used to deny claims outright, reduce benefit amounts, or drag out the approval process.
Informing your employer about the incident is the best way to make sure you start your claim off on the right foot.
What If You Didn’t Realize You Were Hurt Right Away?
Not all work injuries are obvious right away. Conditions like back or neck pain, concussions, or repetitive stress injuries in your joints can take days or even weeks to show symptoms after a workplace accident or ongoing strain. If you begin to notice pain, discomfort, or other problems that might be work-related, it’s important to immediately inform your employer about what you’re experiencing.
As soon as you connect your symptoms to your job, ask for a workers’ comp claim form (DWC-1) and make a record of everything you’re feeling and when it started.
If you have questions about delayed reporting or aren’t sure how to link your symptoms to your work, contact us for a free consultation. Our team can help you navigate the workers’ compensation system and protect your right to coverage.