Your First 48 Hours After a Work Injury: A Complete Checklist
The first 48 hours after a workplace injury are the most critical for protecting your workers' compensation claim. What you do -- and what you avoid doing -- in this window can mean the difference between a fully covered claim and a denied one. This hour-by-hour checklist gives you a clear action plan.
Why the First 48 Hours Matter
After a workplace injury, you are in pain, confused, and probably scared about your job and income. Insurance companies know this. They count on injured workers making mistakes in the chaos of those first hours -- mistakes that become ammunition to deny or minimize claims later.
Under California law, you have 30 days to report a workplace injury to your employer (Labor Code §5400). But waiting even 24 hours creates problems. The sooner you report and document, the stronger your claim becomes. Here is exactly what to do, hour by hour.
Immediately After the Injury (Hour 0)
Immediate Checklist
- Get medical attention. If it is an emergency, call 911. For non-emergencies, go to the nearest urgent care or emergency room. Your health comes first -- always.
- Tell the doctor it is a work injury. This is critical. If you do not identify the injury as work-related from the start, it becomes harder to connect later. Be specific: "I hurt my back lifting a pallet at work" -- not just "my back hurts."
- Report to your supervisor verbally. Tell your direct supervisor what happened as soon as possible. If they are not available, tell another manager. Note who you told, what you said, and when.
- Identify witnesses. Who saw the accident? Get their names and phone numbers right now, while you remember. Witnesses move on, change jobs, or forget details quickly.
Warning: Do NOT Do These Things
- Do not refuse medical attention to "tough it out" -- adrenaline masks injuries
- Do not downplay your symptoms to medical staff or your employer
- Do not move or clean up the accident scene before it is documented
- Do not sign any documents from your employer without reading them carefully
First 2-4 Hours: Document Everything
Once your immediate medical needs are addressed, shift into documentation mode. Evidence disappears fast. Spills get cleaned up. Equipment gets repaired. Surveillance footage gets overwritten. You need to capture everything now.
Documentation Checklist
- Photograph the accident scene. Take photos from multiple angles. Capture the hazard that caused your injury -- wet floor, broken equipment, missing guardrail, cluttered walkway.
- Photograph your injuries. Visible injuries like bruises, cuts, swelling, or redness should be photographed immediately and over the following days as they develop.
- Write down exactly what happened. While your memory is fresh, write a detailed account: time, location, what you were doing, what went wrong, who was present. Include details like weather, lighting, and noise levels.
- Request security or surveillance footage. Ask your employer to preserve any camera footage of the accident. Surveillance systems often overwrite within 24-72 hours. Make this request in writing.
- Save your clothing and equipment. Torn clothing, broken safety gear, or damaged tools are physical evidence. Do not wash, repair, or discard them.
First Day (Hours 4-24): Formal Reporting
With immediate documentation complete, focus on the formal reporting process and protecting your legal rights.
Day 1 Checklist
- File a written report with your employer. In addition to your verbal report, submit a written account. Email is best because it creates a time-stamped record. Keep a copy for your files.
- Request the DWC-1 claim form. Your employer is legally required to give you a workers' compensation claim form (DWC-1) within one working day of learning about your injury. If they do not, ask for it in writing.
- Follow up with medical care. See your doctor or visit the clinic recommended by your employer's Medical Provider Network (MPN). Get every symptom documented -- even ones you think are minor.
- Start a daily journal. Begin tracking your pain levels, limitations, sleep disruptions, and emotional state every day. This journal becomes critical evidence for your claim.
- Contact a workers' compensation attorney. A free consultation costs you nothing and can prevent costly mistakes. Attorneys handle the insurance company so you can focus on healing.
Tip: The DWC-1 Form
The DWC-1 is California's official claim form. Fill out the "Employee" section only. Be factual but thorough about the body parts injured and how the injury occurred. Your employer fills out their section and forwards it to their insurance carrier. Keep your copy. Filing the DWC-1 triggers your employer's legal obligation to begin providing benefits per DIR How to File a Workers' Comp Claim.
Second Day (Hours 24-48): Protect Your Claim
The second day is about protecting what you have built and avoiding traps that insurance companies set for newly injured workers.
Day 2 Checklist
- Fill out and return the DWC-1 claim form. Complete the employee section and return it to your employer. Keep a copy. This officially starts the workers' comp claims process.
- Organize your evidence. Create a folder (physical or digital) with all photos, written accounts, witness information, medical records, and correspondence. Keep everything in one place.
- Lock down your social media. Set all accounts to private immediately. Do not post anything about your injury, your employer, or your activities. Insurance investigators monitor social media aggressively.
- Prepare for the adjuster's call. The insurance company will contact you soon. Know what to say and -- more importantly -- what not to say (see below).
- Follow up on medical referrals. Schedule any tests, imaging, or specialist appointments your doctor ordered. Delays in treatment can be used against you.
What NOT to Do: Critical Mistakes to Avoid
The mistakes injured workers make in the first 48 hours cause more claim denials than any other factor. Here is what to avoid:
Do Not Give a Recorded Statement
The insurance adjuster will ask you for a "recorded statement." You are not legally required to provide one in California. Politely decline until you have spoken with an attorney. Recorded statements are used to find inconsistencies and create reasons to deny your claim.
Do Not Post on Social Media
This cannot be overstated. Do not post about your injury, your employer, your pain levels, or your daily activities. A photo of you smiling at a family dinner can be twisted into evidence that you are not really hurt. Insurance companies hire investigators specifically to mine social media.
Do Not Downplay Your Injuries
Many workers tell their employer "I'm fine" or "it's not that bad" out of habit or fear of causing problems. These statements get recorded and used to argue your injury was minor. Be honest about your pain and limitations from the very start.
Do Not Wait to See If It Gets Better
Adrenaline and shock mask the true extent of injuries. What feels like a pulled muscle may be a herniated disc. What seems like a minor bump could become a traumatic brain injury. Delayed reporting raises red flags with insurance companies and gives them ammunition to question whether the injury really happened at work.
Do Not Sign Anything Without Understanding It
Your employer or the insurance company may present paperwork to sign. Do not sign medical authorizations, settlement documents, or return-to-work agreements without reading them carefully -- ideally with an attorney's guidance.
Do Not Discuss Your Case with Coworkers
Coworkers may be friendly, but anything you say can reach management or the insurance company. Keep details of your claim private. Limit discussions to your attorney and your doctor.
The Most Dangerous Phrase
"I'm feeling better." Even if you are having a good day, never tell the insurance adjuster, your employer, or anyone else that you are feeling better. Injuries fluctuate. A good morning does not mean you are healed. That three-word phrase has been used to deny or reduce thousands of legitimate claims.
What to Expect from the Insurance Company
Within the first 48 hours, expect the following from the workers' compensation insurance carrier:
The Initial Phone Call
An adjuster will call you, usually within a day or two of your employer filing the report. They will sound friendly and concerned. Remember: their job is to protect the insurance company, not you. Keep your answers brief and factual.
A Request for Recorded Statement
Almost every adjuster will ask for a recorded statement. They will frame it as routine. It is not routine -- it is a claim investigation tool. Decline until you have legal representation.
Direction to a Specific Doctor
If your employer has a Medical Provider Network (MPN), you will likely be directed to see a doctor within that network. You have the right to choose among doctors in the MPN. Under Labor Code §4600, you are entitled to all reasonably necessary medical treatment for your injury.
Claim Acceptance or Investigation
The insurer has 90 days to accept or deny your claim. During this period, they must authorize up to $10,000 in medical treatment regardless of whether the claim is ultimately accepted.
Your Rights in the First 48 Hours
California law gives you important rights immediately after a work injury:
- Right to medical treatment: Your employer must authorize medical care immediately, even before the claim is formally accepted (Labor Code §4600)
- Right to a claim form: Your employer must provide the DWC-1 within one working day of learning about your injury
- Right to file a claim: No one can stop you from filing a workers' comp claim (Labor Code §5400)
- Right to choose your doctor: After the initial visit, you may be able to switch to a doctor of your choice within the MPN or predesignated physician
- Right against retaliation: Your employer cannot fire, demote, or punish you for filing a claim under Labor Code §132a
- Right to an attorney: You can hire a lawyer at any point, and the initial consultation is free
Special Situations
If Your Employer Refuses to Report the Injury
Some employers pressure workers not to report injuries to keep their insurance rates low. This is illegal. If your employer refuses to accept your report, document the refusal in writing (send an email or text), and file directly with the Division of Workers' Compensation (DIR How to File a Workers' Comp Claim). Contact an attorney immediately.
If You Are an Independent Contractor
Many workers misclassified as "independent contractors" are actually employees under California law. If you are injured and told you do not qualify for workers' comp because of your classification, consult an attorney. Misclassification is rampant in construction, trucking, delivery, and gig work.
If You Are Undocumented
Immigration status does not matter. California workers' compensation covers all employees regardless of documentation status. Your employer cannot ask about your immigration status during the claims process, and filing a claim will not trigger immigration consequences.
If You Were Partly at Fault
California workers' compensation is a no-fault system. Even if you made a mistake that contributed to the injury, you are still entitled to full benefits under Labor Code §3600. The only exceptions are injuries caused by intoxication or self-infliction.
The Complete 48-Hour Timeline
Quick Reference Timeline
Common Mistakes That Destroy Claims
In our years of practice, we see the same mistakes repeated over and over. Here are real examples of how early errors cost injured workers:
Mistake: Delayed Reporting
A warehouse worker felt a pop in his back while lifting a heavy box. He assumed it would get better over the weekend and did not report it until Monday. By then, the employer argued the injury could have happened anywhere during the weekend.
Consequence: The claim was denied for "lack of evidence linking the injury to employment." It took 6 months of litigation to get benefits started.
Mistake: Social Media Post
A restaurant worker filed a claim for a knee injury. Two days later, she posted a photo on Instagram at a family birthday party, smiling and standing. The insurance company used this photo to argue she was not genuinely injured.
Consequence: Her temporary disability benefits were delayed for three months while the claim was investigated. The photo was presented at her hearing.
Mistake: Recorded Statement Without Attorney
A construction worker gave a recorded statement on day one. When asked "how are you feeling?" he said "not too bad, just sore." When asked about prior injuries, he mentioned old shoulder pain from years ago. The insurance company used both statements to minimize his claim.
Consequence: The "not too bad" statement was cited to deny surgery authorization. The shoulder history was used to apportion 40% of his disability to pre-existing conditions. His settlement was reduced by approximately $35,000.
Frequently Asked Questions
What if my employer says not to file a claim?
It is illegal for your employer to discourage or prevent you from filing a workers' compensation claim. Under Labor Code §132a, employer retaliation for filing a claim is a misdemeanor. Document the discouragement in writing and contact an attorney immediately.
Should I go to the emergency room or my regular doctor?
For serious or potentially serious injuries, go to the emergency room immediately. For less severe injuries, you can see a doctor within your employer's Medical Provider Network (MPN). The key is to get medical attention quickly and clearly identify it as a work injury. Do not wait for "authorization" from your employer before seeking emergency care.
What if my injury gets worse after the first 48 hours?
Many injuries worsen over time -- this is normal and expected. Continue documenting your symptoms in your daily journal, report any worsening to your treating physician, and keep your attorney informed. The initial report does not limit your claim to the symptoms you reported on day one. You can amend your claim to include additional body parts as they become symptomatic.
Do I have to pay for medical treatment out of pocket?
No. Under Labor Code §4600, your employer is responsible for all reasonably necessary medical treatment. Even before your claim is formally accepted, the insurance company must authorize up to $10,000 in medical care. If you pay out of pocket for emergency treatment, keep all receipts for reimbursement.
When You Need an Attorney Immediately
While every injured worker benefits from legal advice, certain situations demand immediate attorney involvement:
- Your employer denies the injury happened or refuses to report it
- You suffered a serious injury requiring surgery, hospitalization, or long-term treatment
- Your employer threatens you for reporting the injury
- The insurance company contacts you and pressures you for a recorded statement
- You have a pre-existing condition that the employer might try to blame
- Multiple body parts are injured
- A third party (equipment manufacturer, property owner) may be at fault
Workers' compensation attorneys work on contingency -- meaning no upfront costs and no fees unless you win. There is no financial risk to getting a consultation.
Understanding Your Benefits
While the first 48 hours focus on reporting and documentation, it helps to understand what benefits you are entitled to under California workers' compensation law:
Medical Treatment
All reasonably necessary medical care for your work injury is covered under Labor Code §4600. This includes emergency room visits, doctor appointments, surgery, physical therapy, prescription medications, imaging studies, and medical equipment. You pay nothing out of pocket for authorized treatment.
Temporary Disability Benefits
If your doctor takes you off work, you are entitled to temporary disability payments -- approximately two-thirds of your pre-injury gross weekly wage, subject to minimum and maximum amounts set by the state. For 2026, the minimum is $265 per week and the maximum is $1,764 per week. These payments begin within 14 days of the employer learning of the injury under Labor Code §4650.
Permanent Disability Benefits
If your injury results in permanent limitations after you reach maximum medical improvement, you are entitled to permanent disability benefits based on your disability rating. These can be substantial -- ranging from a few thousand dollars for minor permanent impairments to hundreds of thousands for serious disabilities.
Job Displacement Benefits
If you cannot return to your usual occupation, you may qualify for a $6,000 supplemental job displacement voucher for retraining or skill enhancement, plus a $5,000 return-to-work supplement payment (DIR Supplemental Job Displacement Benefit).
Injured at Work? Get Expert Guidance Now
The first 48 hours are critical. Do not navigate them alone. Our free consultation will tell you exactly what to do next to protect your rights and maximize your benefits. Call today -- we can often provide guidance over the phone immediately.
Legal Disclaimer: This article provides general information about steps to take after a California workplace injury. It is not legal advice. Every case is unique. Timelines and procedures may vary based on your specific circumstances. Contact our office for a free consultation about your situation.
David Lamonica (State Bar #165205) has guided hundreds of newly injured workers through the critical first days after a workplace accident. He understands how insurance companies exploit early mistakes and helps clients avoid the pitfalls that cost them thousands in benefits.