First Week After a Workplace Injury — California Checklist

What an injured California worker has to do in the first week

Every injured California worker has a defined set of steps to take in the first week, the paperwork, doctor selection, and evidence preservation that decide the case.

A California injured worker who completes a twenty-two-step checklist in the first week after a workplace injury locks in covered medical care, wage replacement, a permanent disability rating once stable, and the retraining voucher. Week-one moves, the DWC-1 delivery, the treater choice, and the evidence record, decide what the case can recover. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles work-injury files.

The 22-step checklist for the first week after a California work injury

The twenty-two-step checklist below sequences DWC-1 delivery, treater predesignation, PR-2 follow-up, work-restriction documentation, carrier contact, and any required claim-form letters.

The first day is for stabilization and notice; the first week is for paperwork, medical-care control, and preserving evidence. The list below is in the order to run it. Every step cites the controlling California Labor Code section.

1. Submit the completed DWC-1 to the employer this week. The DWC-1 opens the California workers' comp case; the employer must provide it within one working day under California Labor Code §5401. Fill out the employee section, sign it, keep a copy, and give the original to the employer.
2. Keep a dated copy of the DWC-1 delivered. A photo of the signed form, an email with it attached, or a "received" stamp. The DWC-1 starts the insurer's 90-day decision window under California Labor Code §5402(b), the worker needs proof of when it was delivered.
3. Confirm in writing that the employer forwarded the DWC-1. A short email: "I gave you my DWC-1 on [date]. Please confirm you forwarded it to the workers' comp insurer." Lost paperwork is one of the most common first-week problems.
4. Get the insurance company name, claim number, and adjuster contact. The insurer sends a claim-number letter within a few days. Save it; write down the claim number, the adjuster's name, and direct phone and email. Every future call references the claim number.
5. Pick a treating physician, know the Medical Provider Network (MPN) rules. California employers commonly use an MPN; the worker generally must select a treating physician from the panel for at least the first 30 days under California Labor Code §4600. The employer must provide the MPN list. Choose carefully, that doctor's reports drive the entire claim.
6. Keep every medical appointment. Missing appointments in the first month signals to the insurer the injury is not serious. Same-day attendance and clear symptom reporting to the treating physician are the foundation of the medical-legal record under California Labor Code §4600.
7. Get written work restrictions from the treating physician. The doctor documents restrictions on a DWC PR-2 (Primary Treating Physician's Progress Report). Written restrictions, lifting limits, sitting only, off work entirely, are what the employer's HR is required to follow. Verbal restrictions are not enforceable.
8. Give the restrictions to the employer in writing. A signed copy of the PR-2 delivered in person with a receipt, by email, or by certified mail. The employer is then on notice; any failure to accommodate becomes documented.
9. Decline the recorded statement if the adjuster calls. California law does not require it. A polite "I'll call you back after I speak with my doctor and an attorney" is the right answer. Any recorded statement made in pain or on medication can be used against the claim for years.
10. Track the 90-day decision window. Mark a 90-day deadline on a calendar from the date the DWC-1 reached the insurer. Under California Labor Code §5402(b), if the insurer does not accept or deny within 90 days, the injury is presumed compensable.
11. Know medical treatment must continue during the 90-day window. Under California Labor Code §5402(c), the insurer must authorize up to $10,000 in medical treatment within one day of the completed DWC-1, even before the claim is accepted. Denials during this window warrant immediate attorney escalation.
12. Preserve worksite evidence, photos, video, witness statements. Worksites get cleaned within days; security footage is overwritten within 7 to 30 days. In the first week, take photos of the equipment and signage; collect short coworker statements; request preservation of any security footage in writing.
13. Save every text, email, and shift schedule from work. Supervisor communications about the injury, the prior schedule, and any safety-related correspondence. These records corroborate the timeline and any retaliation claim under California Labor Code §132a.
14. Keep every medical record, prescription, and mileage receipt. A simple folder for every doctor's note, prescription, co-pay receipt, and a mileage log to and from appointments. California reimburses medical mileage at the IRS rate published by the California Division of Workers' Compensation at dir.ca.gov.
15. Do not sign any release or settlement document this week. Adjusters sometimes send broad medical-records releases or low early settlement offers. Some forms release the right to future medical care under California Labor Code §4600 or waive the permanent disability rating under California Labor Code §4660. Nothing needs to be signed on the day it arrives.
16. Watch for retaliation under §132a. Post-injury write-ups, schedule cuts, demotions, or termination "for unrelated reasons" in the same week as the injury are the strongest evidence. Under California Labor Code §132a, retaliation is liable for reinstatement, lost wages, up to $10,000 in additional compensation, and costs up to $250.
17. Do not let immigration status drive decisions, §3351 and §244 protect the worker. California Labor Code §3351 extends California workers' comp to every worker regardless of immigration status. California Labor Code §244 prohibits the employer from threatening to report status as retaliation.
18. Apply for State Disability Insurance (SDI) if the comp claim is denied or delayed. If the insurer denies the claim or delays temporary disability under California Labor Code §4653, the worker can file SDI with the California Employment Development Department as a bridge. SDI is reimbursed back to EDD if comp later accepts.
19. Confirm the temporary disability rate is correct. Under California Labor Code §4653, temporary total disability is paid at two-thirds of average weekly earnings, subject to maximums and minimums set annually by the California Division of Workers' Compensation. Verify the TTD rate against pay stubs; underpayment is common and reversible.
20. Watch for the late-payment 10% self-imposed increase under §4650. California temporary and permanent disability payments that are late are increased by 10% under California Labor Code §4650. Track when each payment is due and when it actually arrives.
21. Know the §5814 25% penalty for unreasonable denial. Under California Labor Code §5814, unreasonable delay or denial adds a 25% penalty to the delayed amount, capped at $10,000. This is separate from the §4650 10% late-payment increase.
22. Get a free consultation (no obligation) with a workers' comp attorney before the week ends. 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. No upfront cost.

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

By the end of week one, the worker should have a treating-physician choice locked, a PR-2 in hand, TD payments started, and any retained-counsel paperwork submitted.