What Employers Must Do After a Workplace Injury in CA
When you are injured at work in California, your employer has specific legal obligations that they must fulfill -- and strict penalties if they do not. From providing the DWC-1 claim form within one working day to authorizing medical treatment and protecting you from retaliation, California law places clear responsibilities on employers. Understanding these obligations helps you hold your employer accountable and protect your claim.
Overview of Employer Obligations
California workers' compensation law creates a comprehensive framework of employer responsibilities after a workplace injury. These are not suggestions -- they are legal requirements with real penalties for non-compliance. The obligations begin the moment an employer learns about an injury and continue throughout the claims process.
Under Labor Code §3600, California's workers' compensation system is a no-fault system. This means your employer cannot refuse to fulfill their obligations because they believe the injury was your fault, happened outside of work, or is not serious enough. The obligations apply regardless of how the injury occurred.
Obligation 1: Provide the DWC-1 Claim Form
This is the single most important employer obligation, and the one most frequently violated. Under Labor Code §5400, your employer must provide you with a workers' compensation claim form (DWC-1) within one working day of learning about your injury or illness.
DWC-1 Form Requirements
- Timeline: Employer must provide the DWC-1 within one working day of learning about the injury
- Format: The form must be provided in the employee's preferred language if available
- Employee section: You fill out the employee portion describing the injury, body parts affected, and how it happened
- Employer's duty: The employer completes their section and forwards the form to their insurance carrier
- Receipt: The employer must give you a dated copy of the completed form as a receipt
Penalty: Up to $10,000
An employer who fails to provide the DWC-1 claim form within one working day faces an administrative penalty of up to $10,000. This penalty is assessed by the Division of Workers' Compensation and is payable to the employee. If your employer has not given you the form, document the failure in writing and contact an attorney.
Obligation 2: Report the Injury to Their Insurance Carrier
After learning about your injury, your employer must promptly report it to their workers' compensation insurance carrier. The employer is required to file an "Employer's Report of Occupational Injury or Illness" (Form 5020) with their insurer and, for serious injuries, with Cal/OSHA.
Reporting Requirements
- To insurance carrier: The employer must report the injury to their insurer promptly. There is no specific statutory deadline, but delays can trigger penalties.
- To Cal/OSHA: For serious injuries (hospitalization, amputation, loss of an eye, or death), the employer must report to Cal/OSHA within 8 hours per Cal/OSHA Safety & Health regulations.
- Employer's Report (Form 5020): Filed with the insurer and the Division of Workers' Compensation for injuries resulting in lost time, medical treatment beyond first aid, or any hospitalization.
If your employer fails to report your injury to their insurance carrier, the claims process stalls. You can bypass the employer by filing your DWC-1 form directly with the insurer (if you know who they are) or with the Division of Workers' Compensation (DIR How to File a Workers' Comp Claim).
Obligation 3: Authorize Medical Treatment
Your employer must authorize medical treatment for your work injury. Under Labor Code §4600, injured workers are entitled to all reasonably necessary medical treatment to cure or relieve the effects of the injury. This obligation begins immediately -- not after the claim is formally accepted.
Medical Treatment Requirements
- Immediate medical care: Your employer must authorize medical care immediately after learning of the injury, even before the claim is formally accepted or denied
- Up to $10,000 before acceptance: The insurance company must authorize up to $10,000 in medical treatment while the claim is being investigated, regardless of whether it is ultimately accepted
- Medical Provider Network (MPN): If the employer has an MPN, they must provide you with information about the network, including a list of available physicians and how to access care
- Emergency treatment: No pre-authorization is needed for emergency treatment. You can go to any emergency room without waiting for employer approval
Your Right to Choose Your Doctor
If your employer has an MPN, your initial treatment will be within that network. However, you have the right to select your own physician within the MPN, and after 30 days of treatment, you can request a change to a different physician within the network. If you predesignated your personal physician before the injury, you have the right to treat with that physician from the start. For more on medical treatment rights, see our FAQ on covered medical treatment.
Obligation 4: No Retaliation
This is one of the most important protections in California workers' compensation law. Under Labor Code §132a, it is illegal for an employer to discriminate against an employee for filing or intending to file a workers' compensation claim, or for receiving a workers' comp award.
What Counts as Retaliation
Retaliation is not limited to firing. It includes any adverse action taken because of your workers' comp claim:
- Termination: Firing you because you filed a claim or are receiving benefits
- Demotion: Reducing your title, responsibilities, or pay because of your claim
- Schedule changes: Moving you to less desirable shifts or hours as punishment
- Hostile treatment: Creating an uncomfortable work environment to pressure you to drop your claim
- Threats: Warning you of consequences for filing or pursuing a claim
- Negative references: Giving bad references to future employers because you filed a claim
- Refusing modified duty: Denying reasonable accommodation when you return to work
Penalties for Employer Retaliation (LC 132a)
- Reinstatement: You may be entitled to get your job back
- Back pay: Lost wages and benefits from the date of retaliation
- Increased compensation: Up to $10,000 in additional compensation
- Costs and expenses: Up to $250 in costs and attorney fees
- Criminal penalties: Employer retaliation is a misdemeanor punishable by fine or imprisonment
For a detailed guide on employer retaliation, including how to document it and what legal options you have, see our article on employer retaliation after a workers' comp claim.
Obligation 5: Provide Information About Benefits
Your employer must inform you about your workers' compensation rights and benefits. This includes:
- Workers' comp pamphlet: Employers must provide every new employee with a pamphlet about workers' compensation rights and benefits
- Posting requirements: Employers must post a notice in the workplace that identifies the workers' compensation insurance carrier, how to get emergency medical care, and how to report a workplace injury
- MPN information: If the employer uses a Medical Provider Network, they must provide information about how to access care within the network
- Temporary disability information: The employer (or their insurer) must inform you about your right to temporary disability benefits if you are taken off work by your doctor
Obligation 6: Maintain Workers' Compensation Insurance
California law requires nearly all employers -- including those with just one employee -- to carry workers' compensation insurance. This is not optional. Operating without coverage is a criminal offense.
Uninsured Employer Penalties
An employer who fails to carry workers' comp insurance faces a misdemeanor charge punishable by up to one year in jail and a fine of up to $10,000 (or double the premium that should have been paid, whichever is greater). The employer can also be ordered to pay up to $100,000 in penalties. If you are injured while working for an uninsured employer, you can file a claim with the Uninsured Employers Benefits Trust Fund, which pays benefits to workers of illegally uninsured employers. For more, see our FAQ on employers without insurance.
Timeline of Employer Duties After a Workplace Injury
Employer Compliance Timeline
What to Do When Your Employer Fails to Comply
Unfortunately, many employers violate their legal obligations after a workplace injury. Some do it deliberately to avoid insurance premium increases. Others do it out of ignorance. Either way, the law protects you. Here is what to do if your employer is not fulfilling their duties:
If Your Employer Will Not Provide the DWC-1
- Request the form in writing (email creates a paper trail)
- Download the DWC-1 form directly from the DIR website (DIR How to File a Workers' Comp Claim)
- Fill out and submit the employee section directly to the employer's insurance carrier
- Contact the DWC Information & Assistance Unit for help filing your claim
- Contact a workers' comp attorney -- employer obstruction is a serious red flag
If Your Employer Refuses to Report the Injury
- Document the refusal in writing (email, text, or letter)
- File your claim directly with the Division of Workers' Compensation
- If you know the employer's insurance carrier, file directly with them
- Consider filing a complaint with the Labor Commissioner
- Contact an attorney -- employers who refuse to report injuries often have other compliance problems
If Your Employer Retaliates Against You
- Document every retaliatory action with dates, times, witnesses, and specifics
- Save all written communications (emails, texts, memos) related to the retaliation
- File a Labor Code §132a petition with the Workers' Compensation Appeals Board
- Contact an attorney immediately -- 132a claims have a one-year statute of limitations
- Do not resign or sign separation agreements without legal advice
If Your Employer Has No Insurance
- File a claim with the Uninsured Employers Benefits Trust Fund
- Report the employer to the Division of Labor Standards Enforcement
- Contact an attorney -- uninsured employer cases can also involve civil lawsuits against the employer, which may yield additional damages beyond workers' comp benefits
Common Employer Violations We See
In our experience, these are the most common ways employers violate their obligations after a workplace injury:
Discouraging Reporting
"Are you sure you want to file a claim? It might affect your job." This is a textbook 132a violation. Some employers pressure workers not to report injuries to keep their experience modification rate (and insurance premiums) low. If your employer discourages you from reporting, document the conversation and report it.
Delaying the DWC-1 Form
"We'll get you that form next week." The law says one working day. Some employers deliberately delay the DWC-1 to slow down the claims process. Every day of delay is a potential violation. Ask in writing and keep a copy.
Directing You to Use Personal Health Insurance
"Just use your health insurance for now." Work injuries must be treated through workers' compensation, not your personal health insurance. Using personal insurance delays your claim, creates billing problems, and may cause your workers' comp claim to be denied later.
Terminating During Recovery
Some employers fire injured workers during their recovery period, claiming it is a "business decision" unrelated to the injury. While employers can make legitimate business decisions, the timing creates a strong inference of retaliation that can support a 132a claim.
Protecting Yourself: Documentation Is Everything
The best way to hold your employer accountable is to document everything from the moment of injury. Here is what to keep a record of:
- When and how you reported: Date, time, who you told, what you said, and how they responded
- When you received the DWC-1: If it took more than one working day, note the exact dates
- All communications: Emails, texts, and written memos between you and your employer about the injury
- Witness names: Anyone who saw the injury or can confirm your reporting
- Changes in treatment: If your employer directs you away from workers' comp and toward personal insurance
- Changes in employment: Any changes to your schedule, duties, pay, title, or treatment by management after filing your claim
For a complete step-by-step guide to protecting your claim from day one, read our article on how to file a workers' comp claim in California. If you believe your employer has retaliated against you, see our guide on employer retaliation and our FAQ on suing your employer.
Frequently Asked Questions
How quickly must my employer provide the DWC-1 form after I report an injury?
Your employer must provide the DWC-1 workers' compensation claim form within one working day of learning about your injury. This is a strict legal requirement under California Labor Code 5401. If your employer fails to provide the form, they face penalties of up to $10,000, and the delay does not affect your right to file a claim.
Can my employer fire me for filing a workers' comp claim?
No. Under Labor Code 132a, it is illegal for an employer to discriminate against, fire, threaten, or punish any employee for filing or intending to file a workers' comp claim. If your employer retaliates against you, you may be entitled to reinstatement, back pay, increased compensation of up to $10,000, and costs and expenses up to $250.
What if my employer does not have workers' compensation insurance?
California law requires nearly all employers to carry workers' comp insurance. If your employer is uninsured, you can file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF), which pays benefits to workers whose employers illegally failed to carry insurance. Your employer faces criminal penalties for operating without coverage, including fines of up to $100,000 and potential jail time.
Does my employer have to hold my job while I recover?
While California does not have a specific workers' comp job protection law, other protections may apply. CFRA (California Family Rights Act) provides up to 12 weeks of job-protected leave for serious health conditions. ADA reasonable accommodation requirements may also require your employer to hold your position or offer a modified role. Additionally, firing you while you are on workers' comp leave can create the appearance of retaliation, which is illegal.
What should I do if my employer refuses to report my injury?
If your employer refuses to report your injury or provide the DWC-1 form, document the refusal in writing (email or text), then file a claim directly with the Division of Workers' Compensation. You can obtain the DWC-1 form online from the DIR website or by calling the DWC Information & Assistance office. Contact a workers' comp attorney immediately, as employer resistance often leads to more problems down the road.
Employer Not Cooperating? We Can Help.
If your employer is failing to meet their legal obligations -- whether they are delaying the DWC-1 form, refusing to report your injury, retaliating against you, or operating without insurance -- contact us for a free consultation. We hold employers accountable and ensure our clients receive every benefit they are entitled to under California law.
Legal Disclaimer: This article provides general information about employer obligations under California workers' compensation law. It is not legal advice. Employer requirements may vary depending on the specific circumstances of your case. Contact our office for a free consultation about your situation.
David Lamonica (State Bar #165205) has held employers accountable for violating their workers' compensation obligations throughout his career. He has successfully prosecuted 132a retaliation claims, forced uncooperative employers to comply with reporting requirements, and recovered benefits for workers whose employers tried to obstruct the claims process.