Not Reporting a Workplace Injury
Not reporting a workplace injury could result in your workers’ compensation claim being denied. Learn more in this educational video.
Question:
Will my workers’ comp claim be denied if I don’t report it?
Answer:
I was recently asked if a claim be denied if the worker didn’t report the injury. The general answer is yes, an employer will deny a claim if the claim was not reported while at work.
If you’ve been injured at work, but you haven’t reported the claim yet, it’s important for you to report the claim as soon as possible even if time has gone by.
The earlier that you report the injury, the easier it will be for an attorney to show that the injury was caused at work and that the employer should be liable for the injury. If you have any questions as to whether or not your claims can be denied or reporting a claim, feel free to give us a call. I’d be happy to answer any of your questions.
Failing to report a work injury can create avoidable disputes, but a delay does not always end the claim. California workers comp attorneys can review notice, employer knowledge, medical records, and the filing deadline.
The 30-Day Notice Rule
California workers should generally notify the employer of an injury within 30 days. Notice can be written or may be established when a supervisor or employer representative already knows of the injury, but a prompt written report is safer. A late notice can become a defense when the delay prejudiced the employer’s ability to investigate or provide care. Exceptions and actual knowledge are fact-specific.
Notice is separate from the usual one-year period to start a workers’ compensation case. Reporting to a supervisor, returning a DWC-1 claim form, and filing an Application for Adjudication serve different purposes. Do not assume that an incident report or doctor’s note completed every required step.
Why Workers Delay Reporting
Workers may expect soreness to resolve, fear retaliation, lack a witness, receive pressure to use private insurance, or not realize repeated work caused the condition. Cumulative trauma can develop slowly through lifting, typing, noise, or exposure. For such claims, the legal injury date can depend on disability and knowledge of industrial causation rather than the first minor symptom.
Explain the reason for delay truthfully. Do not change the date or invent a sudden accident. Give the medical provider a complete job and symptom history so causation can be evaluated.
What to Do After a Delayed Report
- Send a dated written notice identifying the event or repeated work, symptoms, and affected body parts.
- Request, complete, and return a DWC-1 form; keep proof of delivery.
- Obtain medical care and identify the condition as potentially work-related.
- Preserve texts, schedules, witness names, photos, earlier complaints, and records showing when supervisors learned of the problem.
- Read any denial or delay notice and calendar the earliest possible WCAB filing date.
Retaliation and Medical Privacy
California law prohibits specified discrimination for filing or intending to file a workers’ compensation claim. A Labor Code section 132a petition has its own WCAB procedure and generally a one-year period from the discriminatory act. Other disability, leave, safety, or whistleblower laws may apply to different facts. Reporting an injury does not authorize retaliation, but it also does not excuse unrelated legitimate discipline.
The carrier and evaluating doctors may need relevant medical history. That does not give every coworker unrestricted access to medical details. Keep communications professional and ask that restrictions—not unnecessary diagnoses—be used for scheduling and modified work.
Common Questions
What if my supervisor refuses the report?
Send notice to human resources, an owner, or another designated representative, request the claim form in writing, and document the refusal. The employer’s cooperation is not required to file an Application with the WCAB.
Where can I get the claim form?
The Division of Workers’ Compensation provides forms and official reporting guides. Prompt action remains important even when the employer failed to provide paperwork.
What if symptoms seemed minor at first?
Report the condition when it becomes apparent that work may have caused an injury. Explain the progression and earlier symptoms honestly. A delayed realization is different from deliberately concealing an accident, and medical records can help establish when the worker understood the work connection.
Are you or a loved one in the process of filing an employment claim in California and have questions about not reporting a workplace injury? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
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Out of Town Resources
These Buffalo Workers’ Compensation Attorneys have done a great job creating educational content. If you need help with a workers’ compensation claim in Buffalo, we recommend you take a look at their website.