First 24 Hours After a Workplace Injury — California Checklist

The 18-step checklist for the first 24 hours after a California work injury

The first day after a work injury shapes the rest of the claim. The list below is in the order to run it — most steps can be done from a hospital bed or a phone in the parking lot. Every step cites the controlling California Labor Code section.

1. Get medical care today, even for what feels minor. Adrenaline masks pain on day one; symptoms often look worse 24 to 72 hours later. Under California Labor Code §5402(c), the employer must authorize up to $10,000 in treatment within one day of the completed DWC-1.
2. Call 911 for any serious injury. Head injury, chest pain, suspected fracture, deep cuts, eye injury, electrical shock, heat stroke, and any loss of consciousness are emergencies. The 911 record is some of the strongest evidence a California workers' comp case can have.
3. Tell the employer about the injury today, in writing. A California worker must report the injury within 30 days under California Labor Code §5400, but same-day notice is much stronger. A text, email, or signed note creates a record the supervisor cannot later deny.
4. Ask for the DWC-1 claim form. The employer must provide a DWC-1 within one working day under California Labor Code §5401. The DWC-1 is the single document that opens a California workers' comp case; if the employer refuses, it is available from the California Division of Workers' Compensation at dir.ca.gov.
5. Photograph everything before it changes. The worksite, the equipment involved, any visible injury, and the surrounding area. Worksites get cleaned up, equipment gets repaired, and bruises fade — day-one photos are evidence that cannot be re-created.
6. Write down the names of every witness. Coworkers, supervisors, customers, security guards, delivery drivers — anyone who saw the injury or the conditions. Witnesses move on, change jobs, and forget.
7. Note the date, time, and exact location. The worksite address, the specific area or workstation, the time to the nearest 15 minutes, and the task being performed. Vague descriptions create disputes later.
8. Save every text, email, and shift schedule. Screenshot any texts with the supervisor about the injury, save safety-related emails, and keep the day's shift schedule. Phones break; cloud backups protect this evidence.
9. Do not give a recorded statement to the adjuster. California law does not require it. Anything said under medication or pain — before talking to an attorney — can be used to dispute the claim. A polite "I'll call you back after I speak with my doctor and an attorney" is the right answer.
10. Do not sign anything from the insurance company. Adjusters sometimes send broad medical-records releases or "voluntary" forms in the first week. A California worker is never required to sign under pressure; every document can be reviewed in a free consultation.
11. Get the names and contact info of your treating providers. Every provider — urgent care, hospital, orthopedist, physical therapist — generates records that prove the injury. Write down each name and phone number on day one.
12. Keep every receipt, prescription, and medical record. Co-pays, prescriptions, and mileage to and from appointments. California reimburses medical mileage at the IRS business rate published by the California Division of Workers' Compensation at dir.ca.gov.
13. Know the 30-day employer-notice rule under §5400. The legal deadline to give the employer notice of the injury is 30 days under California Labor Code §5400. Late notice is one of the most common insurer defenses — but it can be excused if the employer had actual knowledge or was not prejudiced by the delay.
14. Know the one-year filing deadline under §5405. A California worker generally has one year from the date of injury to file the application for adjudication of claim under California Labor Code §5405. The clock can be extended if the employer failed to provide the DWC-1 or post the required notice.
15. Understand the 90-day insurer decision window under §5402(b). Once the completed DWC-1 reaches the insurer, the insurer has 90 days to accept or deny under California Labor Code §5402(b). If the insurer does not decide within 90 days, the injury is presumed compensable.
16. Know that retaliation is illegal under §132a. Under California Labor Code §132a, an employer that fires, demotes, or cuts the hours of a worker because of a claim is liable for reinstatement, lost wages, up to $10,000 in additional compensation, and costs up to $250. Post-injury write-ups and "you can't come back" statements are often the strongest evidence.
17. Know that immigration status does not bar a claim. California Labor Code §3351 extends California workers' compensation coverage to every worker regardless of immigration status. Under California Labor Code §244, an employer may not threaten to report immigration status as retaliation for filing a claim.
18. Get a free consultation before signing anything. California workers' comp attorneys work on contingency under California Labor Code §4906 — typically 15% of any settlement, paid only if there is a recovery, with WCAB-judge approval. There is no upfront cost.

What every injured California worker should have in hand at the end of day one