Getting injured on the job is tough. You’re dealing with pain, doctor visits, and figuring out how to keep your life running while you recover. The last thing you need is an employer who refuses to file your workers’ compensation claim.
Unfortunately, it happens more often than you’d think. Some employers drag their feet, some don’t understand the rules, and others flat-out refuse.
Here’s the good news: their refusal doesn’t stop your claim.
In California, you still have the right to medical treatment, wage replacement, and other workers’ comp benefits, no matter how your employer reacts.
In this post, we’ll explain what to do if your employer refuses to file a workers’ compensation claim.
#1. Report The Injury In Writing
First things first, make sure your injury is officially on record. Verbal reports can get lost or “forgotten,” so it’s always smart to put everything in writing.
This creates a paper trail and shows you did your part.
Keep it short and simple. Write down what happened, when it happened, and how you were injured.
Give a copy to your employer and keep one for yourself. You can also send an email if that’s easier, and make sure you have proof that it was delivered.
In California, your employer is supposed to give you a workers’ comp claim form (DWC-1) within one working day after learning about your injury.
If they refuse to give it to you, you can download the form yourself from the California Division of Workers’ Compensation website and move forward without them.
Also Read: Reasons To Sue Workers’ Comp
#2. Seek Medical Attention
Even if your injury doesn’t seem huge, it’s really important to get checked out by a medical professional as soon as possible.
Some injuries seem minor at first but get worse later. Plus, medical records are a big part of your workers’ comp claim since they prove what happened and help support your case.
Tell the doctor it’s a work-related injury. That way, they know how to document everything correctly.
If your employer refuses to give you information about their medical network, you can still see a doctor and sort out the paperwork afterward.
Getting medical help quickly isn’t just for the insurance side of things. It’s for your health too.
#3. File A Claim Yourself
If your employer won’t file the claim, you can file it directly with their insurance company. You don’t need their permission.
Once you fill out the DWC-1 form, send it straight to the insurance provider.
Submitting it directly officially starts the claim process, even if your employer is trying to ignore it. Oh and keep a copy for yourself too.
Also Read: Workers Comp Settlements For Herniated C5 And C6 Disc
If you don’t know who the insurance company is, check the “Notice to Employees” poster at your workplace.
California law requires employers to post it in a spot that’s easy to find, like a break room or near time clocks. If it’s missing or they refuse to tell you, that’s when the Division of Workers’ Compensation can step in and help you get that info.
#4. Contact The Division Of Workers’ Compensation
The California Division of Workers’ Compensation (DWC) is there to help you. They offer free help to injured workers, and their Information & Assistance Unit is great for situations like this.
They can tell you who the insurance company is, help you file a claim, and explain your rights step by step.
If your employer doesn’t have insurance at all (which is illegal in California), they can help you go through the state’s Uninsured Employers Benefits Trust Fund to get benefits.
You can call, visit an office in person, or even handle a lot of it online.
The main thing is: you don’t have to deal with an uncooperative employer alone. There’s a whole system designed to support you.
#5. Document Everything
When things get tricky, good documentation is super important. Keep a small folder or even just a dedicated notebook where you jot down everything related to your injury and claim.
Include details like:
- Dates and times of your injury, reports, and medical visits
- Copies of all forms, letters, and emails
- Notes from conversations with your employer or insurance company
It might feel like overkill, but it really helps. If there’s any dispute down the line, your notes and paperwork can make a huge difference.
It’s also a good way to keep yourself organized when you’re juggling treatment, paperwork, and possibly time off work.
#6. Beware Of Retaliation
Unfortunately, some employers don’t just refuse to file and they might also try to punish you for filing on your own. This can show up in sneaky ways, like cutting your hours, assigning worse shifts, or suddenly writing you up for small things.
Retaliation is illegal in California. If your employer takes any negative action against you because you filed a workers’ comp claim, you have protections under state law.
You can file a complaint with the Labor Commissioner’s Office, and there are real consequences for companies that try this.
The most important thing is to stay calm and keep records.
If something feels off, write it down. You can use those notes later if you need to prove retaliation.
Also Read: L4-L5-S1 Workers Comp Settlements
#7. Consult A Workers’ Compensation Attorney
If your employer is stonewalling you, or if things are getting complicated, talking to a workers’ comp attorney can make a big difference.
Many offer free consultations, and their fees typically come out of your settlement, so you don’t pay upfront.
An attorney can deal with the insurance company for you, make sure deadlines are met, and push back against any shady behavior from your employer. They know the system inside and out, which can give you some peace of mind while you focus on healing.
Even if you end up handling most of it yourself, having legal guidance early on can help you avoid mistakes and protect your rights from the start.
Bottom Line
Your employer’s refusal to file a workers’ compensation claim doesn’t end the process. You still have every right to benefits, medical care, and wage replacement under California law.
The main difference is that you’ll need to take a few extra steps to keep things moving – report the injury in writing, get medical attention, file the claim yourself, and reach out to the Division of Workers’ Compensation if needed.
Keep solid records, watch for retaliation, and don’t be afraid to get legal help if needed.
At the end of the day, the law is on your side. An uncooperative employer might make things more annoying, but they can’t take away your rights.
