What Not to Do While on Workers’ Comp in California
Getting hurt at work is stressful enough. But what you do after that injury matters just as much as how it happened. We have worked with people across California who had totally valid workers’ compensation claims—only to watch them get denied or delayed because of simple, avoidable mistakes.
We want to help you get the medical treatment, benefits, and peace of mind you deserve. So let’s walk through what not to do if you’re on workers’ comp in California. Trust me—these are all based on real stories from real people who just didn’t know what they didn’t know.
1. Don’t Wait to Report Your Injury
When you’re injured on the job in California, you need to report it to your employer as soon as possible. Waiting too long can seriously mess with your claim. In most cases, you have just 30 days to notify your employer.
We’ve seen people delay because they hoped the pain would go away, didn’t want to seem dramatic, or didn’t know how to bring it up. I totally get it. But under California law, that delay can lead to denied benefits. Your employer and the insurance carrier can claim they didn’t know anything about it—and that opens the door to a denial.
Start the process by filing a DWC-1 Claim Form. Here’s the official page from the CA Department of Industrial Relations that walks you through it. Even if your employer doesn’t give it to you (and they should), you can print it yourself and submit it.
Also, remember to keep a copy of everything you send. Emails, forms, notes—anything that shows you reported the injury and followed the process.
2. Don’t Skip Medical Treatment or Ignore Your Doctor
Once you report your injury, get checked out by a doctor right away. Even if it doesn’t seem like a big deal, your medical records are a crucial part of proving your case. Workers’ comp isn’t just about saying you’re hurt—it’s about showing you’re hurt through medical documentation.
We’ve seen people lose out on benefits just because they missed appointments or didn’t follow treatment plans. If your doctor gives you work restrictions, follow them. Trying to tough it out or go back to full duty too soon can hurt your health and your claim. Even working a little outside your restrictions can be used against you.
What you tell your doctor matters, too. Be clear, be consistent, and don’t minimize your pain or symptoms. This isn’t the time to be brave—this is the time to be honest.
The Injured Worker Guidebook from the California DIR is a helpful resource here. It breaks down what to expect, how to deal with delays, and what to do if you’re not getting the care you need.
If you’re part of a Medical Provider Network (MPN), you may have limited choices in providers. But once you’re in the system, keep every appointment and follow every recommendation. If your condition changes, report it right away.
3. Don’t Quit Your Job or Work Side Gigs Without Talking to a Lawyer
We know it can feel awkward staying in a job while you’re injured. Maybe your boss is giving you the cold shoulder. Maybe you’re being pressured to come back full-time even though you’re not ready. Maybe you just want to move on. But quitting before talking to someone who understands workers’ comp law in California can seriously complicate your benefits.
Leaving your job could impact your Temporary Disability Benefits. It could also make it harder to prove that your injury still affects your ability to work. If you’re feeling stuck, talk to a lawyer first—we can help you figure out the best way to move forward without risking your claim.
And this is a big one—if you start working another job, even just a side hustle, you must report it. Failing to do so can be seen as fraud. That quick cash isn’t worth risking your benefits—or worse, facing criminal charges.
You’re also protected by California Labor Code §132a, which makes it illegal for employers to retaliate against you for filing a claim. So don’t let fear push you into quitting before talking to us or another workers’ comp attorney.
4. Don’t Post on Social Media
This one surprises people, but it’s one of the most common ways people damage their own claims. We’ve had clients who posted vacation pics, gym selfies, or just them hanging out with friends—only to have an insurance adjuster use it as “evidence” they weren’t really injured.
Even if you think your posts are harmless, remember this: insurance companies are watching. Their job is to reduce how much they pay out, and if they can point to a video of you walking without a limp—or lifting groceries or dancing at a wedding—they will.
Your best bet? Stay off social media or set your accounts to private. Even then, avoid posting anything that might be misinterpreted. And definitely don’t discuss your case online.
5. Don’t Exaggerate or Downplay Your Injury
Here’s the thing: being honest is the only way to go. If you exaggerate your symptoms, that can backfire fast. Insurance investigators are trained to look for inconsistencies, and surveillance is more common than you might think.
At the same time, don’t downplay your pain either. We’ve seen people say, “Oh, it’s not that bad,” only to find out later they had a serious long-term injury—and by then, it’s too late to prove it.
Be specific when you talk to your doctor. Describe your pain, how often it happens, what triggers it, and how it affects your daily life. The more detailed and consistent you are, the stronger your case.
6. Don’t Sign Anything Without Reading It (Or Having Us Review It)
If the insurance company or your employer offers you a settlement, pause. Once you accept a settlement, you might be giving up your right to future medical care or additional benefits—even if your condition gets worse.
We can’t count the number of times someone called us after signing something they didn’t understand. It’s way easier to help before that happens. Let us take a look. It costs nothing to ask, and it could save you thousands—or more.
Frequently Asked Questions
Q1: What happens if I miss the 30-day deadline to report my injury?
You risk losing your right to file a claim. There are a few exceptions (like if your employer knew about the injury anyway), but it’s much harder to win your case if you don’t meet the deadline.
Q2: Can I choose my own doctor?
In California, your employer has the right to send you to their medical provider network (MPN). After 30 days or under certain conditions, you may be able to change your doctor. You can also predesignate a physician before you’re injured, but most people don’t do that.
Q3: What if my employer fires me for filing a claim?
That’s illegal. California law protects you from retaliation under Labor Code §132a. If it happens, you may have a separate claim for discrimination.
Q4: I started working a new job—do I still qualify for benefits?
Possibly, but you need to disclose it. Your new work might impact the type or amount of benefits you receive. If the job pays less or is physically different, you might still be eligible for partial disability. Always talk to an attorney first.
Seeking Professional Help?
If you’re feeling overwhelmed or unsure, that’s exactly why we do what we do. Workers’ comp laws in California are complex, and you don’t have to navigate them alone. We’ve helped countless clients get the benefits they deserve after getting hurt at work—and we’re ready to help you, too.
When you call Fontes Law Group, you talk to real people who actually care. We listen. We answer your questions. We explain your rights in plain language. And if your case needs fighting—we fight. That’s what we do.
Reach out for a free workers’ compensation consultation. We’ll go over your case and help you avoid the kinds of mistakes that could cost you.
Final Thoughts
Getting hurt at work can turn your life upside down. But knowing what not to do is half the battle. We want you to focus on healing while we focus on protecting your rights.
Avoid the mistakes we covered, lean on trusted advice, and don’t be afraid to ask for help. That’s what we’re here for.
If you’re reading this and thinking, “I’m already in the middle of this and not sure what to do,” please call us. It’s never too early—or too late—to ask for help.
Let’s get you back on your feet—and make sure you’re taken care of along the way.