What to Do in the First 24 Hours After a Work Injury

Why the First 24 Hours Matter

The actions you take — and don't take — in the hours after a work injury can affect your entire workers' comp case. Insurers look for gaps in your injury report, inconsistencies in your medical records, and reasons to question the work-relatedness of your injury. Moving quickly and correctly removes those arguments.

California law gives you rights from the moment you are hurt. Once you file the DWC-1 claim form with your employer, California Labor Code §5402 starts a 90-day clock — if the carrier does not deny the claim within those 90 days, the injury is presumed compensable^[1]. The 90-day rule is one of the most powerful tools an injured worker has, and it only starts running once you put the claim in writing.

"If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division."

— California Labor Code §5402(b)

Step 1: Report the Injury to Your Employer — In Writing

Tell a supervisor right away — and put it in writing. California Labor Code §5400 requires you to report the injury to your employer within 30 days, and §5401 requires the employer to provide you with a DWC-1 claim form within one working day of learning of the injury^[2]. Email or text is fine. Include the date, time, location, and a brief description of how the injury happened. Keep a copy.

If you do not report within 30 days, the carrier can use that delay to argue the injury was not work-related. The cleanest record is the one made on the day it happened.

Step 2: Seek Medical Care Immediately

Your employer or its insurer must authorize medical treatment within one business day of receiving the DWC-1. They will typically direct you to a doctor within their Medical Provider Network (MPN). Go. Even if you think the injury is minor, document it medically. Many serious injuries — herniated discs, shoulder tears, cumulative trauma — are initially underestimated.

If you pre-designated your personal physician in writing before the injury under California Labor Code §4600(d), you can treat with that doctor instead. If you did not, you generally must use the MPN for the first 30 days.

Step 3: Get the DWC-1 Claim Form

Your employer must provide you with a DWC-1 claim form within one working day of learning about your injury. Complete the employee section fully and accurately. Return it to your employer (in person if possible, or by certified mail) and keep a copy. This form starts the formal claim and the §5402 90-day acceptance clock. Filing the DWC-1 also opens up a critical right: up to $10,000 of medical treatment must be authorized while the carrier investigates, even if liability is not yet accepted, under California Labor Code §5402(c)^[3]. You should not be without care during the investigation.

Step 4: Document Everything

Build the record while it is fresh:

• Photograph the scene, any equipment involved, and any visible injuries
• Write a detailed account of what happened — date, time, location, what you were doing, what went wrong, what you felt
• Record the names and contact info of any witnesses
• Note the names of supervisors you reported to and when
• Save copies of every text, email, and form related to the injury
• Keep a daily symptom log: pain levels, what activities make it worse, sleep impact

These records become your contemporaneous evidence. Memory fades. Documentation does not.

Step 5: Do Not Give a Recorded Statement Without Legal Advice

The insurer's adjuster may call within hours asking for a recorded statement. You are not required to give one. Politely decline and consult an attorney first. Recorded statements are used to find inconsistencies — not to help you. A statement made the day of the injury, when you may be on pain medication, in shock, or simply not yet diagnosed, can be played back at trial in ways that hurt your claim.

You can be honest with the adjuster without recording. You can describe what happened in writing through counsel. You can also simply tell the adjuster: "I will respond after I speak with an attorney."

Step 6: Watch for Retaliation

California Labor Code §132a prohibits employers from discharging, threatening to discharge, or in any manner discriminating against an employee for filing or intending to file a workers' comp claim. A §132a violation can support a separate claim for back pay, reinstatement, and a 50% increase in compensation, with attorney's fees^[4]. If your employer responds to your injury report by cutting your hours, demoting you, denying time off for treatment, or firing you, document it carefully and consult counsel.

Step 7: Avoid Common Mistakes in the First Week

A few things to avoid in the early days of a claim:

• Do not return to full duty against medical advice just to keep the peace at work. If your treating physician restricted you, follow the restrictions.
• Do not post about the injury on social media. Defense investigators monitor public profiles, and even innocent posts ("doing yard work this weekend!") can be misrepresented as evidence you are not really injured.
• Do not skip follow-up appointments. Gaps in treatment are used to argue the injury resolved.
• Do not sign anything from the carrier without reading it. Some "authorizations" are open-ended and let the carrier obtain medical records far beyond the injury.
• Do not assume your union, HR department, or supervisor is your advocate in the comp claim — they are not adverse to you, but the carrier is, and the comp system is adversarial in nature.

Step 8: Contact a Workers' Comp Attorney

Initial consultations at most workers' comp firms are free and confidential. California workers' comp attorney fees are paid only on recovery and are subject to approval by a workers' comp judge under California Labor Code §4906^[5]. There is no out-of-pocket cost to consulting an attorney, and the early conversations often shape the outcome of the case.

If you are unsure whether you have a claim, call. If the insurer is already pressuring you, call. If you are considering signing something, call.

Winters & Banks has handled California workers' comp claims since 1989. We offer free, confidential consultations in English and Spanish.

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This guide is general legal information, not legal advice. For advice about your specific situation, contact our office.

References

1. [1]
   Cal. Labor Code §5402 (90-day presumption of compensability) — California Labor Code
2. [2]
   Cal. Labor Code §§5400, 5401 (notice and claim form) — California Labor Code
3. [3]
   Cal. Labor Code §5402(c) ($10,000 treatment during investigation) — California Labor Code
4. [4]
   Cal. Labor Code §132a (anti-retaliation) — California Labor Code
5. [5]
   Cal. Labor Code §4906 (attorney's fees) — California Labor Code