Hurt on the Job? Here’s What to Do

If you’re hurt at work, time is of the essence.

“The first thing is to report the injury,” says attorney Keith More, of Bentley & More in Newport Beach. “The second thing is to obtain medical treatment, if needed.” 

A quick comment to a co-worker isn’t enough. A verbal or written report needs to be submitted to a supervisor, manager or HR representative. Regardless of whether you choose to hire a lawyer, says More, “if you are injured on the job, you have a work comp claim, and your employer should act on it.”

There’s typically a one-year deadline to file, but if an employer knew about the injury and failed to give you a claim form, you may be able to file later.

What Benefits Cover

California workers’ compensation offers three main protections, More says:

1. Medical treatment to cure or relieve the effects of the injury. 
2. Temporary disability pay—generally two-thirds of your average weekly wage, up to a state-set maximum of roughly $1,700 a week—while you recover. 
3. Permanent disability benefits if you don’t fully heal. 

Permanent disability is calculated using a state rating system that factors your medical restrictions, age and occupation, says workers’ comp attorney Lawrence Stern, of Mallery & Stern in Los Angeles and Rancho Cucamonga. A total disability (100%) in which “you can’t compete in the open labor market due solely to your injury,” can mean lifetime payments at your temporary disability rate, he says.

Injuries Over Time

Keep in mind: Not every work injury is a one-off accident. “Most people think, ‘Oh, I slipped and fell, I broke my arm, or I hurt my back,’” says Stern. But many claims involve what’s called continuing trauma. Picture bending a safety pin back and forth every day until it breaks. Injuries from repetitive motions, stress-related illnesses and psychological harm fit this pattern.

California’s threshold for proving that work caused or aggravated such an injury is low. “I have to prove that 1% of your injury was caused by your work,” Stern says, noting that psychiatric injuries generally bear a higher percentage. “That’s very easy.” 

The same standard applies if chronic job stress contributes to a fatal heart attack or stroke. In these cases, surviving spouses and children may receive death benefits of about $400,000, plus burial costs and reimbursement for related medical expenses. Stern calls it “a very overlooked benefit,” pointing out that these benefits can provide critical financial security for loved ones.

Common Missteps

Attorneys say failing to report promptly is one of the biggest mistakes workers make. 

“People keep working, make the injury worse, and that creates a problem because, in some instances, the employer will deny the claim,” More says. 

Some workers hesitate because they fear retaliation, such as being demoted, losing shifts or getting fired. However, under California law, retaliation for filing a workers’ compensation claim is illegal and can result in penalties for the employer.

Another mistake is relying on water-cooler advice instead of professional guidance. “Would you take out your own appendix?” asks Stern. “Then don’t take legal opinions from co-workers. It costs nothing to call a lawyer and ask.”

Many straightforward claims don’t require legal intervention. Often, More will reassure people that if their employer is providing treatment and paying temporary disability on time, “they might never need to get a lawyer.”

But if medical care is denied, benefits stop or the injury is severe—e.g., paralysis, major brain injury, amputation or death—legal help may be warranted. Catastrophic cases can necessitate lifelong medical care and income replacement, and settlements can reach into the millions. Experienced counsel can also structure settlements to ensure steady income and future medical coverage.

Still, the ideal outcome for most claims is simple, says More: “Obtain the medical treatment, get the surgery if you need it, get the physical therapy, get the medication and get back to work.” 

Keep copies of all communications and doctor visits. And if anything feels off—delayed care, stopped payments, confusing paperwork—consider calling a workers’ comp attorney.

“Don’t assume you know what you’re entitled to,” says Stern. “You could let the statute of limitations run or miss better ways to recover what you’ve lost, just because you didn’t pick up the phone.”