How to protect your rights after a work injury in California
Getting hurt on the job can flip your whole world upside down. Suddenly, you’re dealing with doctor’s appointments, lost wages, and a pile of paperwork you never asked for. Thankfully, California’s workers’ compensation system exists to help injured workers get the medical care and financial support they need. But even with protections in place, it’s surprisingly easy to make a mistake that puts your benefits at risk.
Whether you’ve already filed a claim or you’re just starting the process, here are five common missteps that can cost you the benefits you’re counting on and how to avoid them.
1. Waiting too long to report your injury
In California, you only have 30 days to report a work-related injury to your employer. That might sound like a decent amount of time, but when you’re in pain or trying to “tough it out,” the days can slip by quickly. If you miss that deadline, your entire workers’ comp claim could be denied.
Even if the injury seems minor at first, report it as soon as possible. Provide your employer with written notice, and retain a copy for your records. It’s not just about playing it safe; it’s about protecting your right to benefits if things get worse down the line.
2. Not getting immediate medical treatment
After an injury, your top priority should be your health. But it’s also important for your claim. Delaying treatment or trying to “walk it off” gives the insurance company a reason to question how serious your injury really is or whether it even happened at work.
In California, your employer has a Medical Provider Network. This is a list of approved doctors you can see for your work-related injury. Unless you’ve predesignated a physician before your injury, you’ll usually need to choose a provider from this network. Seeking treatment promptly establishes a medical record that supports your claim and demonstrates that you took your injury seriously from the outset.
3. Skipping appointments or ignoring medical advice
Once you’ve started treatment, it’s important to follow through. That means showing up to every appointment, sticking to your prescribed treatment plan, and following your doctor’s restrictions. If you miss visits or go back to work before you’re cleared, it can look like you’re not really hurt, and the insurance company may reduce or cut off your benefits.
Even if your symptoms start to improve, don’t make changes without talking to your doctor first. Keeping up with your treatment demonstrates that you’re doing your part to recover, and it helps keep your benefits on solid ground.
4. Returning to work too soon or working under the table
Bills don’t stop just because you got injured. But heading back to work too early, especially without your doctor’s approval, can be a big mistake. You risk reinjury, and you could also lose benefits if the insurer decides you no longer need support.
It’s even riskier if you take on side jobs or under-the-table work while collecting disability payments. If the insurance company finds out, you could face fraud charges and lose your benefits entirely. Before making any moves, get everything in writing from your doctor. If your employer offers modified duty, make sure it aligns with your restrictions.
5. Trying to handle everything on your own
Workers’ comp might sound straightforward, but when disputes arise, things can get complicated fast. Maybe your claim was denied, your treatment was delayed, or you’re being pressured to return to work. In cases like these, having an experienced California workers' compensation attorney can make a significant difference.
A work injury lawyer can help you:
- Understand your rights
- Gather the right medical evidence
- Challenge a denied claim
- Negotiate a settlement that reflects the full value of your injury
What if my benefits are denied or cut off?
If your claim is denied or your benefits suddenly stop, don’t panic, but don’t wait either. You have the right to appeal through the Workers’ Compensation Appeals Board in California. This process can involve hearings, medical evaluations, and legal paperwork, so having a lawyer on your side is especially helpful here.
The key is acting quickly. There are deadlines for appealing a denial, and missing them could mean starting from scratch or giving up your claim entirely.
Protect your claim from the start
A work injury can be overwhelming, but protecting your benefits doesn’t have to be. Avoiding these five mistakes can go a long way toward keeping your claim on track. If something doesn’t feel right with your workers’ comp case, speak up. Talk to your doctor and your lawyer. This is your recovery, your income, and your future on the line, and you have every right to fight for it.
If you’ve suffered a workplace injury in San Diego, Chula Vista, Temecula, or anywhere else in Southern California, getting legal help can give you a major advantage. Attorney Robert A. McLaughlin knows how the system works and how to fight back when it fails you. With his experienced legal team, he helps injured workers across San Diego County get the medical care, wage replacement, and disability benefits they need to recover.
Our law firm offers a free consultation where we’ll review your situation, explain your rights, and outline your next steps with no obligation. If we take on your case, you pay nothing up front. We only get paid if we win benefits for you. We’ll handle every detail while you focus on healing.
Don’t let paperwork, delays, or denials stop you from getting the help you deserve. Contact us today and take the first step toward reclaiming your health and financial stability.
"I want to thank the office of Robert A. McLaughlin for all his support in successfully resolving my injury case. ... I totally recommend them." - J.C., ⭐⭐⭐⭐⭐