I told HR I wanted to report a work injury, can they refuse to give me a claim form?

Can my employer refuse to give me a claim form?

If an employee reports to a supervisor they were hurt at work, and needs treatment beyond first aid, or misses a full day or shift after the injury due to the effects of the injury, they should be provided a claim form within one business day of the employer’s knowledge of the injury.

No. The employer does not have the right to tell an employee “No, you didn’t hurt yourself” or “The injury isn’t bad enough for you to need a claim form.”

Does my employer decide if I was hurt at work or not?

No.  The insurance company is responsible for investigating the claim, not the employer.

What happens if my Employer didn’t give me a claim form after my work injury?

The employee can also print out a claim form themselves and complete it.  By giving the completed claim form to their Employer, the employee has officially reported a work injury. Here is a link to the official claim form used in California:Claim Form – DWC-1