6 Common Mistakes That Can Hurt Your California Workers' Comp Case
Getting hurt on the job is hard enough. But what many workers don’t realize is that the biggest danger to their case often isn’t the injury itself—it’s what happens after the injury.
If you don’t handle the claim correctly from the start, your case is far more likely to be denied. Yes, we can often fix things later through litigation, Qualified Medical Evaluator (QME) reports—but the process becomes longer, more stressful, delayed medical care, and denied Temporary Disability. Benefits stall. And in the meantime, you’re stuck without the support you need.
Here are six common mistakes injured workers in California make all the time—and how to avoid them.
1. Not Reporting the Injury to Your Employer
Many workers stay silent after getting hurt. They’re afraid of being fired, punished, or labeled a problem employee. But here’s the truth: California law prohibits your employer from retaliating against you for reporting a work injury or filing a claim.
If you delay reporting, you're giving the employer and insurance company an excuse to argue that your injury never happened—or that it didn’t happen at work.
We’ve seen it many times: the worker keeps going, hoping it’ll get better, and then gets fired. After that, it’s your word against theirs—and it’s much harder to win. Don’t let fear destroy your case. Report your injury in writing, and do it early.
2. Not Seeking Immediate Medical Treatment
If you’re hurt, go get checked out. Whether it’s the ER, urgent care, or a walk-in clinic—seeing a doctor right away protects both your health and your legal claim.
Delays in treatment are one of the first things insurance companies use to deny cases. If you wait days or weeks, they’ll argue the injury must have happened somewhere else—or that it wasn’t serious.
Once you submit a DWC-1 claim form, your employer’s insurance must pay up to $10,000 in medical treatment immediately, even before they accept the case. Use it.
3. Working Through the Pain Without Restrictions
Too many people try to “tough it out.” They keep working through serious pain, thinking it’ll pass—or that they don’t want to look weak.
But this hurts your recovery and your case.
If your doctor puts you on modified duty, follow those restrictions. If you’re taken off work, don’t go back until cleared. Insurance companies love pointing to “you kept working like nothing was wrong” to argue your injury wasn’t serious.
Don’t let that happen. Take care of yourself and protect your rights.
4. Thinking You’re Not Eligible Because It Was Your Fault
California’s workers’ comp system is no-fault. That means you’re covered even if the accident was your fault.
Whether you tripped over your own tools, got distracted, or made a mistake, you still qualify for benefits as long as you were doing your job (or something reasonably related to it).
Don’t let guilt or fear stop you from filing a claim.
5. Not Listing All the Body Parts That Were Injured
This one happens all the time—and causes big problems down the line.
Let’s say you fall and your right knee is killing you. That’s what you tell the doctor, and that’s what gets listed on your initial claim. But you also hit your left knee—and at the time, it just felt sore.
Fast forward a year or two, and now that left knee is much worse. But the insurance company denies treatment, saying it wasn’t part of the original claim. You never listed it.
Even though we can often fight to add it later, it’s harder. Much harder.
That’s why you should list every body part affected, even if it seems minor at the time—knees, back, wrists, neck, shoulders, feet, etc. There’s no penalty for listing something that ends up healing. But it’s much more difficult (and costly) to add things later.
6. Trying to Handle the Case Without an Attorney
Workers’ compensation is supposed to help injured employees. But in reality, the system is designed to minimize payouts—not make your life easier.
Insurers delay treatment, deny claims, and send you to doctors who downplay your injury. They’ll avoid giving you a QME panel or fair evaluation. If you don’t know how to navigate the process, you’ll likely end up with less than you deserve.
An experienced attorney—ideally a certified specialist in workers’ compensation—knows the playbook and how to push back. We know how to force treatment approvals, fight denials, and maximize your settlement value.
At Lee Partners Law, we’ve spent over 25 years combined working inside the insurance system. Now, we use that knowledge to fight for workers like you.
Final Thoughts: Time Matters
The longer you wait to file, treat, and properly document your injuries, the more likely your case will face delays or outright denial. And while we can often help fix these mistakes later, that means more waiting—for medical care, lost wages, and answers.
If you’ve been hurt at work, don’t wait. Don’t guess. Get everything documented. List every injury. Seek treatment. And don’t try to go it alone.
Your future health, income, and peace of mind are too important.