What to Do When Your Employer Refuses to File Workers Comp: Step-by-Step Guide

Estimated reading time: 18 minutes

Key Takeaways

• If your employer refuses to file workers comp after you report an injury, you can still protect your health and benefits by seeking care, giving written notice, preserving evidence, and self-filing a claim.

• In California, employers must provide a DWC-1 claim form within one business day of notice; if they do not, you have the right to self-file and report employer noncompliance to the California Division of Workers’ Compensation.

• Document everything: medical records that say “work-related,” certified mail receipts, emails with read receipts, photos, and a timeline of all communications and events.

• Uninsured or noncooperative employers can face penalties; California offers remedies (including an uninsured employers fund) to ensure injured workers can still obtain benefits.

• Retaliation for filing or attempting to file a claim is unlawful; you can seek remedies such as reinstatement and back pay if you face intimidation or punishment.

Table of Contents

• Introduction

• Quick Action Checklist — Your First 5 Steps

• Why Employers Might Refuse to File

• Why your employer refuses to file workers comp

• If Your Employer Is Not Reporting My Injury — Step-by-Step Actions

• How to File When No Workers Comp Claim Submitted by Employer

• File complaint with state workers’ comp agency/DWC

• Report unsafe conditions to OSHA

• Contact union, worker centers, or legal aid

• Contact the insurance carrier directly

• When to consult an attorney

• Unlawful Employer Behavior Workers Comp — Retaliation, Intimidation & Penalties

• What counts as unlawful behavior

• How to document retaliation

• Reporting retaliation and remedies

• Penalties for employers

• Evidence Checklist to Prove Employer Refused to Cooperate

• Sample Scripts and Templates

• Phone script to supervisor

• Notice of Work-Related Injury template

• Complaint to State Agency template

• Email subject lines and body examples

• Saving and naming your files

• What to Expect After You File Your Own Claim

• Initial insurer response

• Medical provider networks and treating doctors

• Common employer defenses

• Benefits to expect

• If claim denied

• When to Get a Lawyer — Signs You Need Legal Help

• Signs you need legal help

• What a lawyer does and fees

• Documents to bring

• Special Situations

• Small or uninsured employers

• Independent contractor misclassification

• Temporary and staffing agency workers

• Occupational disease and cumulative trauma

• Conclusion

• FAQ

Introduction

When your employer refuses to file workers comp after you report a job injury, it’s scary and frustrating. You’re hurt, bills are piling up, and time-sensitive deadlines are already ticking. This guide gives you clear, step-by-step actions to protect your health, document your claim, and move forward even without employer cooperation.

Disclaimer: This post is for informational purposes only and is not legal advice. Consult a qualified workers’ compensation attorney for advice about your specific situation.

Quick Action Checklist — Your First 5 Steps

If an employer refuses to file workers comp or you’re unsure what to do if employer won’t help, take these five actions now to protect your health and benefits.

1. Seek medical care and document every detail. Seek medical care immediately—tell the provider the injury is work-related and request that they note ‘work-related’ in your medical records. This creates crucial medical proof early. Guidance from the Smolich Law overview on self-filing and employer refusal supports notifying your provider that the injury is work-related. Record: provider name, date/time, diagnosis, treatment plan, next appointment, and prescriptions. Save copies of records, bills, and receipts.

2. Notify employer in writing. Send a written notice that includes date/time/place of injury, a factual description, body parts injured, and witnesses. Send via certified mail (return receipt) and email with read receipts. This paper trail becomes vital if the employer later denies knowledge.

3. Preserve evidence. Take time-stamped photos of your injuries and the scene. Note hazards, equipment defects, or missing safety gear. Save damaged clothing or equipment in a sealed bag.

4. Keep copies of all communications and medical records. Back up files in at least two places. Create a folder labeled “WorkersComp_Claim_[date]” for quick reference. Consider organizing by subfolders: “Medical,” “Employer Communications,” “Evidence,” and “Deadlines.” For fundamentals, see our guide on steps to take after a workplace injury.

5. Note your state’s filing deadlines (California example). In California, you generally have one year from the date of injury to file. For occupational disease or cumulative trauma, different rules apply—act promptly. See the California Division of Workers’ Compensation FAQs for timing, penalties, uninsured-employer remedies, and more.

Emergency safety note: If you need urgent medical attention, call 911 or go to the emergency room. You can tell hospital staff the injury is work-related and provide employer details later.

Why Employers Might Refuse to File

Knowing why an employer resists helps you plan next steps with confidence and compassion for yourself. Motivations generally fall into three buckets: honest mistakes, delay tactics, and deliberate avoidance.

Honest mistakes. Small employers or new managers may be confused about reporting requirements. They might believe a minor injury doesn’t qualify or assume verbal notice is enough.

Delay tactics. Some employers stall because they worry a claim will increase their premiums or trigger inspections. They might say “Let’s see how you feel next week,” hoping you’ll drop it.

Deliberate avoidance. In the worst cases, an employer lacks required insurance, tries to hide injuries to make safety metrics look better, or retaliates to silence reporting. California’s DWC explains penalties and remedies, including actions against uninsured employers. Employers who refuse to provide coverage or fail to file claims can face civil penalties, fines, and even criminal prosecution in extreme cases.

Mini‑case study (delay, then success): “R,” a warehouse worker, reported a back injury. The supervisor delayed giving the claim form, citing “insurance concerns.” R sent certified notice, self-filed, and the insurer accepted within 90 days. Temporary disability was paid after medical records linked the injury to lifting at work.

Why your employer refuses to file workers comp

Often, it’s misunderstanding, fear of premiums, or lack of insurance. Your strategy is the same: document, give written notice, self-file, and use state resources to enforce your rights.

If Your Employer Is Not Reporting My Injury — Step-by-Step Actions

If you’re thinking “my employer is not reporting my injury” after you notified them, create an ironclad record and escalate carefully.

Draft and send a formal notification by certified mail. Include: your full name; employee ID or job title; date, time, and location; a factual narrative; body parts injured; witnesses; and the sentence: “I am notifying you of a work-related injury that occurred on [date]. Please provide me with form DWC-1 within one business day as required by California law.” Send certified mail with return receipt and email the same text (CC HR and your personal email) for redundancy. Use a clear subject line such as “Notice of Work-Related Injury — [Your Name] — [Date].”

Document noncooperation as it happens. Save the certified mail receipt and delivery confirmation. Screenshot email read receipts. Keep a running log of dates/times, who you spoke with, and what was said. Create a folder called “Employer Refusal Evidence” and store notices, responses, and notes.

Know your self-filing rights and employer obligations. You can file without employer permission—workers’ compensation is a statutory right. See the Smolich Law guidance on self-filing and this overview of what to do if your employer refuses or retaliates from Strong Law Offices.

How to File When No Workers Comp Claim Submitted by Employer

If there is no workers comp claim submitted by your employer, you can still initiate your benefits. Here’s how.

Your right to self-file

You may file without employer permission; workers’ compensation is your statutory right. See the Smolich Law explanation of your right to self-file.

Get the DWC‑1 form

In California, download the Employee’s Claim for Workers’ Compensation Benefits (DWC‑1) directly from the California Division of Workers’ Compensation website. If you’re in another state, search “[state name] workers’ compensation claim form” and contact your state’s workers’ comp board for the equivalent form.

Complete and submit DWC‑1

Fill the employee section fully: personal details, employer info, date of injury, description, and body parts. Example (mock data): “Employee: Jordan Lee; Employer: ABC Cabinets, 123 Main St, Anaheim, CA; DOI: 9/8/2025; Description: Lifted 80‑lb panels; felt sharp lumbar pain; Body parts: lower back.” Sign and date.

Submit copies to: your employer (via certified mail), the employer’s insurer (if known), and your state DWC/WCAB as instructed on the form/site. Keep copies and mailing proofs. For the overall process, see our step-by-step on how to file a workers’ compensation claim.

Find the insurance carrier

Check required workplace postings, employee handbooks, or pay stubs. If still unsure, contact your state’s Information & Assistance unit (in CA, through the California Division of Workers’ Compensation FAQs) to help identify the carrier.

Timelines after filing

Expect early medical authorization and an investigation timeline. Many workers see initial treatment authorization within approximately 14 days, and insurers typically accept or deny within about 90 days depending on state rules. See Smolich and the DWC FAQs for California’s timing norms.

If employer is uninsured

If your employer lacks required coverage, California allows claims through its Uninsured Employers Benefits Trust Fund (UEBTF). See the DWC FAQs on uninsured employers and penalties and this explanation of getting paid even when an employer refuses from InjuredWorkerLaw. You may also have the option to pursue a civil lawsuit.

Mini‑case study (uninsured employer): “A,” a cook, discovered the restaurant had no workers’ comp insurance. A filed with the UEBTF while also pursuing a civil claim. The UEBTF covered medical care and wage benefits while the civil case addressed broader damages.

File complaint with state workers’ comp agency/DWC

If your employer stonewalls, file a complaint and request Information & Assistance. The California Division of Workers’ Compensation explains how to get help and what penalties may apply. You can also review self-help steps in the Smolich Law guide.

Report unsafe conditions to OSHA

Use OSHA when hazards persist or an employer hides injuries to avoid scrutiny. You have the right to report unsafe conditions and request an inspection. Start at OSHA’s official website. For a refresher on safety and reporting rights, see our OSHA-focused overview on non-serious complaint responses and worker steps.

Contact union, worker centers, or legal aid

Unions can pressure employers to follow the law. Worker centers and legal aid can help with forms and strategy. Keep a simple call script: “I reported a work injury on [date]; my employer hasn’t provided DWC‑1 and won’t file. I’ve self-filed and need help enforcing my rights and preventing retaliation.”

Contact the insurance carrier directly

If you identify the carrier, call and say: “I’m reporting a work injury and my employer is not assisting. I’ve completed DWC‑1 and can provide medical records. Please open a claim and confirm my claim number and next steps.” Document the date, time, and representative’s name.

When to consult an attorney

If your claim is denied, delayed, or you face retaliation—or if injuries are serious—consult counsel. See Strong Law Offices’ guidance on when to involve a lawyer and this practical overview from Hinden. You can also explore our walk-through of workers’ comp basics and how to find a workers’ comp attorney.

Unlawful Employer Behavior Workers Comp — Retaliation, Intimidation & Penalties

Unlawful employer behavior workers comp violations include interference, intimidation, and retaliation tied to reporting or filing a claim.

What counts as unlawful behavior

Unlawful behavior includes refusing to provide DWC‑1, firing/demoting/disciplining because you filed or attempted to file, threatening immigration enforcement, altering records, destroying evidence, or intimidating witnesses. See retaliation and rights overviews from Strong Law Offices and the California Division of Workers’ Compensation.

How to document retaliation

• Date, time, location, and detailed description of each adverse action.

• Witness names and contact info.

• Emails, texts, memos, or meeting notes evidencing threats or discipline.

• Performance reviews and schedules from before and after the injury to show changes.

• Any pattern showing differential treatment compared to coworkers who did not file claims.

Reporting retaliation and remedies

Report retaliation to the Labor Commissioner and note it in your DWC filings. Remedies can include reinstatement, back pay, emotional distress, punitive damages, and attorney fees. See Strong Law’s discussion of remedies; unlawful refusal and routes to benefits are also discussed by InjuredWorkerLaw.

Penalties for employers

California can impose civil penalties and, in severe cases, criminal consequences. The DWC FAQ details penalties and uninsured-employer remedies.

Mini‑case study (retaliation remedied): “K” reported a hand injury and soon received a demotion. K documented each adverse action, filed a retaliation complaint, and hired counsel. The case resolved with reinstatement, back pay, and the employer implementing training on injury reporting.

Evidence Checklist to Prove Employer Refused to Cooperate

• Written notifications: Letters, emails, and texts that report the injury; include dates and proof of delivery (certified mail receipts and read receipts).

• Certified mail proofs: USPS certified labels and return-receipt confirmations.

• Medical records stating “work-related”: Visit summaries, doctor notes, imaging, and prescriptions explicitly noting work causation.

• Photos and scene documentation: Time-stamped images of injuries, equipment, and hazards.

• Witness statements: Short written accounts with names, roles, and contact details.

• Employment and wage records: Pay stubs showing wage loss; job descriptions; schedules; time cards; performance evaluations.

• Incident and equipment logs: Any internal reports, maintenance logs, or inspection records.

• Timeline/journal: A dated log of reports, care, symptoms, and employer responses.

For broader context on eligibility and benefits to document, see our overview of who qualifies for workers’ compensation and the guide to what benefits workers’ comp covers.

Sample Scripts and Templates

Use these editable templates to communicate clearly. Replace bracketed items with your details. Copy the text into your email or word processor and save a copy.

Phone script to supervisor

“I need to report a work-related injury. On [date] at approximately [time], I was injured when [brief description]. I injured my [body part]. I need medical attention and I need to receive a workers’ compensation claim form. Can you please provide me with form DWC‑1 today? I’m also following up in writing to create a record.”

Notice of Work-Related Injury template

[Your Name]
[Your Address]
[Date]

[Employer Name]
[Employer Address]
Attn: [Supervisor/HR Manager Name]

Re: Notice of Work-Related Injury

Dear [Name]:

I am writing to formally notify you that I sustained a work-related injury on [date] at approximately [time]. At that time, I was performing my regular job duties as [job title] when [detailed description of how the injury occurred].

As a result of this incident, I injured my [specific body parts]. I have sought/will seek medical treatment for these injuries. Under California law, I am entitled to receive form DWC‑1 (Employee’s Claim for Workers’ Compensation Benefits) within one business day of reporting this injury.

Please provide me with this form immediately and inform me of your workers’ compensation insurance carrier information so I may file a claim. I am also requesting information about how to select a treating physician under workers’ compensation.

I am available to discuss this matter further and provide any additional information needed to process my claim. Please contact me at [phone number] or [email address].

Sincerely,
[Your signature]
[Your printed name]

Complaint to State Agency template

Subject: Complaint Regarding Employer Refusal to File Workers’ Compensation Claim

To Whom It May Concern:

I am filing a complaint against my employer, [Employer Name], for refusing to file my workers’ compensation claim after I sustained a work-related injury.

On [date], I sustained a work injury while [description]. I notified my employer on [date] both verbally and in writing (documentation attached). Despite multiple requests, my employer has refused to provide me with form DWC‑1 and has not filed a workers’ compensation claim on my behalf.

[Include any additional details about retaliation, threats, or other problematic behavior]

I have filed my own workers’ compensation claim (claim number: [if applicable]). I am requesting that your agency investigate this matter and take appropriate action to ensure my employer complies with California workers’ compensation law.

Please contact me at [phone number] or [email address] if you need additional information.

Attached: [List of supporting documents]

Sincerely,
[Your name]

Email subject lines and body examples

• Subject: Notice of Work-Related Injury — [Your Name] — [Date]

• Subject: Request for DWC‑1 Form — Employer Not Reporting My Injury

Body example: “This email confirms my report of a work-related injury on [date, time, location]. I injured my [body part] while [brief description]. Please provide the DWC‑1 form within one business day as required. I’ve attached photos and my urgent care record noting ‘work-related.’ Thank you.”

Saving and naming your files

Use clear file names and dates, for example: “2025‑09‑08_NoticeToEmployer.pdf,” “2025‑09‑08_ER_Visit_WorkRelated.pdf,” and “2025‑09‑09_CertifiedMailReceipt.jpg.” Back up to a secure cloud drive and a USB or external drive.

What to Expect After You File Your Own Claim

Knowing the usual timeline helps you plan next steps and spot delays.

Initial insurer response

The carrier typically authorizes initial medical treatment within about 14 days and accepts or denies within roughly 90 days, depending on state rules. See Smolich and the DWC FAQs for California benchmarks.

Medical provider networks and treating doctors

In California, employers/insurers usually direct care through a Medical Provider Network (MPN). After an initial period, you may be able to switch under certain rules if you predesignated a physician or meet other criteria. For choosing and changing doctors, see our guide on whether you can choose your own doctor.

Common employer defenses

Employers may argue the injury isn’t work-related, that it was reported late, or resulted from horseplay or misconduct. Review these tactics and how to counter them with documentation and witness statements; see the discussion of defenses at BPK Firm. For more defense and denial strategies, see our article on why employers deny workers’ comp.

Benefits to expect

If you can’t work or your hours are reduced, temporary disability is generally two‑thirds of average weekly wages (subject to state caps). Medical care should be covered for the work injury. For a benefits overview, see our guide to what benefits workers’ comp covers and our explanation of temporary vs. permanent disability.

If claim denied

Appeal rights include hearings before the WCAB, discovery, depositions, and medical-legal evaluations (QME/IME). This is when attorney help is vital. See our walkthrough on how to appeal a workers’ comp denial and the QME process.

When to Get a Lawyer — Signs You Need Legal Help

Signs you need legal help

• Employer retaliation, threats, or discipline after you reported the injury.

• Claim denial or long delays with no clarity.

• Serious or permanent injuries, surgery, or complex medical issues.

• Uninsured employer or missed deadlines.

• Disputes over pre-existing conditions contributing to your current problems.

• Settlement offers you don’t fully understand.

What a lawyer does and fees

A lawyer gathers evidence, manages deadlines, communicates with insurers, represents you at hearings, and negotiates fair benefits or settlement. Most work on contingency. See attorney perspectives on next steps at Strong Law Offices, practical tips from Hinden, and a broader overview of what a workers’ compensation lawyer does.

Documents to bring

Bring your injury notices, certified mail receipts, medical records, photos, witness info, pay stubs, and any insurer correspondence. For timeline and filing tips, review our time limits to file workers’ comp.

Special Situations

Small or uninsured employers

Some small businesses misunderstand obligations or lack required coverage. California provides an uninsured employers fund—see the DWC FAQ on uninsured employers. You may also pursue a civil claim.

Independent contractor misclassification

If you’re labeled a contractor but the company controls your work, schedule, and tools, you may be an employee entitled to workers’ comp. File the claim and raise misclassification within the comp process and, if needed, with labor agencies.

Temporary and staffing agency workers

Staffing agencies typically carry coverage, but name both the agency and worksite if unsure. For union-specific considerations, see our guide for union workers in California.

Occupational disease and cumulative trauma

For conditions that develop over time (e.g., repetitive motion, chemical exposure), the “date of injury” often means when you first became disabled and knew or should have known it was work-related. File promptly and gather medical support tying work to your condition. For deeper background, see our cumulative trauma guide.

Conclusion

Facing a situation where your employer refuses to file workers comp is stressful, but you are not stuck. Seek medical care and make sure your records say “work-related,” notify your employer in writing by certified mail, preserve evidence, and self-file your claim. If the employer won’t help, use your state workers’ compensation agency, OSHA when hazards persist, and legal counsel if the claim is denied, delayed, or if retaliation occurs. Document everything, act quickly, and lean on credible resources to protect your health and income.

Need help now? Get a free and instant case evaluation by US Work Accident Lawyers. See if your case qualifies within 30-seconds at https://usworkaccidentlawyer.com.

FAQ

What to do if employer won’t help with my workers' compensation claim?

Self-file using your state claim form (in CA, DWC‑1), send certified written notice, and report the refusal to the state workers’ comp agency. Consider OSHA if safety hazards persist. Consult a lawyer when claims are denied or delayed. See the Smolich Law guide and insights from Strong Law Offices.

My employer has not reported my injury — can I file the claim myself?

Yes. Download and complete the DWC‑1 in California (or your state’s equivalent) and submit it to your employer, insurer, and the state agency. You do not need employer permission to file. See the Smolich Law explanation of self-filing and the California DWC forms page.

Is it unlawful for my employer to refuse to file a workers comp claim?

Yes. Employers must provide the claim form (in CA, DWC‑1) within one business day of notice. Refusal can trigger penalties and other remedies. Learn more from the California Division of Workers’ Compensation FAQs and this overview from InjuredWorkerLaw.

What happens when no workers comp claim submitted by my employer?

You can self-file, contact the insurer to open a claim, and report the employer’s noncompliance to your state agency. If the employer is uninsured, California’s UEBTF may provide benefits, and you may also have a civil claim. See the DWC FAQ on uninsured employers.

Can my employer retaliate for filing a workers' comp claim?

No. Retaliation (firing, demotion, threats) for filing or attempting to file is illegal. You can pursue remedies, including reinstatement and back pay. See guidance from Strong Law Offices, and document every adverse action immediately.

Legal accuracy note: Laws vary by state. This article uses California as an example—check your state workers’ comp board for current forms and deadlines. Always verify details on the California DWC site or your state equivalent. This is informational only and not legal advice.