You got hurt at work in San Diego, and now you are in pain, worried about your next paycheck, and not sure what you are supposed to do next. Our goal here is to walk you through the steps after a workplace injury in San Diego in a way that you can actually follow, even on a tough day.
At Kiwan & Chambers APC, we have focused on workers' compensation cases in San Diego since 1988, so we see every day how those first choices affect medical care and wage benefits months later. We know how local employers, clinics, and insurance companies typically respond to workplace injuries, and we know the common mistakes injured workers regret. In this guide, we share the practical steps we walk our own clients through, so you can protect yourself and your claim from the start.
1. Put Your Safety & Health First After a Workplace Injury
Your first priority after a workplace injury is to get out of harm’s way and get the medical care you need. If you are seriously hurt, that may mean calling 911 or going to an emergency room right away, even if a supervisor urges you to “shake it off” or finish the job.
In other cases, you can speak with your employer and be directed to a designated medical provider network (MPN). It is important to remember that pushing through to finish a shift can make an injury worse and can also make it harder to explain later why you needed treatment. As such, seeking immediate medical care is important.
Whenever you see a medical provider, clearly state that your injury happened at work in San Diego and describe what you were doing at the time. This detail can seem small in the moment, but it is important for when a workers' compensation insurance company reviews when deciding whether your injury is covered.
2. Report Your Workplace Injury Quickly & In Writing
After a workplace injury in San Diego, California, employees must report it in writing to their employer within 30 days, per California Labor Code § 5400. This signed, detailed notice should include the date, time, location, task, injured body parts, and witnesses. Failing to report on time can jeopardize your right to workers’ compensation benefits.
3. Understand the Workers' Comp Claim Form & Your Rights
Reporting your injury to a supervisor is not the same as officially filing a workers' compensation claim. In California, the formal claim usually begins when your employer gives you a workers' compensation claim form, often called a DWC-1. You complete the employee portion of this form, your employer completes their portion, and then the form is sent to the insurance company that handles your workers' compensation coverage.
After filling out this form, ask for a copy for your records. However, if your employer refuses to give you a claim form, delays it, or hints that filing will cause problems for you, that is a red flag. You do not have to accept being pushed into silence. This is often the point where talking with a workers' compensation attorney makes a real difference.
4. Document the Incident, Your Symptoms & Witnesses
Beyond official forms, your own documentation can strengthen a California workers’ compensation claim.
Document the following:
- Personal account: Write out what happened before, during, and after the injury, including small details like spills, broken equipment, or hazards.
- Photos: If safe, photograph the area, machinery, or hazard before it’s repaired or changed.
- Witness information: Collect names and contact details of coworkers who saw the incident or observed your pain.
- Symptom journal: Track pain levels, limitations, and daily impacts in a notebook or phone file. Example: “Could not lift my arm, had trouble sleeping, needed help carrying groceries.”
- Medical records: Maintain a file that holds all of your medical records, such as test results, reports, physical therapy notes, and any bills.
- Social media caution: Avoid posting about your injury, activities, or case online, as insurers may use it against you.
Keeping clear, detailed records helps support your claim and demonstrates the real impact of your workplace injury.
5. See the Right Doctors & Be Honest About Your Job Duties
After your initial emergency or urgent care visit, your treatment will often continue through your employer’s workers’ compensation medical network. The doctors you see will document your injury and work history in reports that insurers rely on.
Always follow their instructions, attend all appointments, and provide accurate details about your job tasks and how the injury affects your work. Honest, consistent reporting helps strengthen your claim and ensures appropriate care.
When to Call a San Diego Workers' Comp Attorney
You can take many of the steps in this guide on your own, but there are clear signs that it is time to get legal help.
Examples can include:
- Your employer refuses to give you a claim form, discourages you from filing, or suggests you use vacation or sick time instead of workers' compensation.
- If your medical treatment is delayed, denied, or feels rushed.
- If you are being pushed to return to work before you are ready.
- You are confused with paperwork, are getting conflicting instructions, and calls from adjusters asking for recorded statements.
If you have been hurt at work in San Diego, you do not have to figure out every step alone. We can review what has already happened, help you correct any problems with reporting or documentation, and guide you on how to deal with doctors, employers, and insurance adjusters going forward. A short conversation now can save you from months of frustration later and can help protect the medical care and wage benefits you and your family rely on.
Call (619) 257-5304 to speak with Kiwan & Chambers APC about your workplace injury in San Diego. We offer services in English and Spanish and work on a contingency fee basis.