California Workers’ Compensation FAQ

At the Law Offices of Antony E. Gluck, PC, we have more than 20 years of experience in workers’ compensation law. We understand that you may have a lot of questions after a work injury, and we want to help you get the answers and the workers’ compensation benefits you need. Here are some frequently asked questions regarding workers’ compensation in California:

What should I do immediately after a work injury?

The first thing you should do is report the injury to your employer. You can do this by telling your supervisor if you have one. If the injury developed over time — such as with a repetitive motion injury — or if you developed a work-related illness over time, report the injury or illness as soon as you learn or suspect that it is job-related.

You should also get medical treatment for your injury as soon as possible, and be sure to tell the health care provider that the injury or illness is job-related.

How long do I have to report my injury to my employer?

You should report your injury to your employer as soon as possible. If you don’t promptly report the injury, your workers’ compensation benefits could be delayed or denied. If you don’t report your injury within 30 days, your employer could say the circumstances of the injury cannot be fully investigated, and you could lose your right to benefits. Again, it’s important to report your injury to your employer as soon as possible.

What is the DWC-1 form?

The DWC-1 form is the Workers’ Compensation Claim Form. Your employer should give you this form or mail it to you within one working day after you report your injury or illness. The claim form needs to be filled out and given to your employer, and you should keep a copy for your records. Giving your employer the completed DWC-1 form starts your workers’ compensation case. If you have any questions about the DWC-1 form or any aspect of the workers’ compensation process, we encourage you to contact us for a free consultation.

My immigration status is undocumented. Can I still get workers’ compensation after a job-related injury?

Yes. In California, if your immigration status is undocumented, you can still file a workers’ compensation claim if you get hurt on the job.

How much is my case worth?

The answer to this question will depend on the facts of your specific case. The factors to consider include your wage or salary amount; the type and severity of your injury; and how long your injury will keep you out of work. The best way to maximize the value of your case is to put an experienced workers’ compensation lawyer on your side as soon as possible.

Can my employer fire me for reporting a work injury?

No. It is illegal for your employer to retaliate against you in any way for reporting a legitimate work-related injury. If your employer retaliates against you, we can take action to protect your rights and help ensure that you get the workers’ compensation benefits you deserve.

Do I have to be treated by the doctor my employer chooses?

Your employer is entitled to select the physician for your first appointment. But after that, you can pick a different doctor from a preapproved list. That list is called a medical provider network (MPN), and your employer has a duty to tell you about the MPN if your employer has one. We can also help you select a qualified physician to treat your specific injury.

When should I contact a workers’ compensation lawyer?

You should contact the Law Offices of Antony E. Gluck, PC, as soon as possible after you report your injury to your employer. We can explain the workers’ compensation process, and we can handle all the legal and insurance matters while you focus on your health and your family.

Contact Us | We’ve Got Your Back

For a free consultation with an experienced workers’ comp attorney, call our offices in San Bernardino at 877-382-2113, or contact us online. We fight to protect the rights of injured workers throughout Los Angeles, the South Bay, the Inland Empire and all of Southern California.

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