Options If Employer Refuses to File a Workers’ Comp Claim

 Posted on March 06, 2025 in Workers' Compensation

California’s workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses. Financial compensation can never take away the pain and suffering, but it can help a victim by providing the financial means to go through treatment and recovery at a time when medical bills can add up, and work may not be possible.

Employers are legally required to provide workers’ compensation insurance and report injuries promptly. If your employer refuses to file your claim in an attempt to avoid increased insurance premiums or potential liability, speak with a skilled California workers’ compensation lawyer to understand your options and take appropriate action.

Is My Employer Required to File My Claim?

Under California law, when someone is injured at work, their employer is legally required to:

• Provide workers’ compensation coverage.
• Give the injured worker a claim form within one working day of learning about the injury.
• Submit the completed claim form to their workers’ compensation insurance carrier.
• Pay for necessary medical treatment related to the injury.

What Happens if My Employer Refuses to File My Claim Anyway?

Despite the legal requirement to do so, some employers refuse to file their employees’ workers’ compensation claims if they are concerned it could lead to increased insurance rates or liability. However, if that happens, the employer can face fines and penalties from the state as well as potential lawsuits. Additionally, they could have Increased liability for covering the worker’s medical expenses and lost wages, which they may have been trying to avoid in the first place.

If your employer refuses to file your workers’ compensation claim, the following steps can help protect your rights:

Complete a DWC-1 Form Yourself

If your employer does not provide you with a claim form, you can get one for yourself online from the California Division of Workers’ Compensation (DWC) website. You will fill out the "employee" section, submit it to your employer, and keep a copy for your records.

Report the Injury in Writing

If your employer refuses to acknowledge your claim, document your injury and inform your employer in writing (email or certified mail) with details about how, when, and where the injury occurred. This can serve as evidence if a dispute arises later.

File a Claim Directly With the Insurance Company

You do not need to rely on your employer to file your claim. If they refuse, you can submit the DWC-1 form directly to your employer’s workers’ compensation insurance carrier, whose contact information your employer is legally required to provide you with. If they refuse to provide it, you can look this information up on the California Workers’ Compensation Coverage Inquiry website.

File a Complaint with the DWC

If your employer still refuses to cooperate, you can file a complaint with the DWC. They can help ensure that your claim is processed and hold your employer accountable for violations.

Seek Legal Assistance

If your employer is hindering you and your claim, consult with a workers’ compensation attorney who can help you protect your rights. Whether you need assistance with filing your claim, representing you in disputes, or ensuring that you receive the benefits you deserve, an experienced lawyer who focuses on workers’ compensation issues can make a major difference in your outcome.

Schedule a Free Consultation with a San Benito County, CA Workers’ Compensation Lawyer

Getting injured while doing your job can be distressing enough without an employer stopping you from getting the compensation you are entitled to. At Cramer + Martinez, we are dedicated to protecting our clients’ rights and advocating aggressively on their behalf. Call 408-848-1113 to schedule a free consultation with a Hollister, CA workers’ comp attorney who will fight to get you the outcome you deserve.