In this guide9 sections
If you fell at work in California and hit your head, workers’ comp generally covers your medical care and lost wages, even if the fall was partly your fault. Head injuries are tricky because symptoms such as headaches, dizziness and memory problems can show up hours or days later. Report the fall right away, get checked, and keep a record of every symptom so the insurer can’t later claim the injury never happened or wasn’t serious.
Key takeaways
- Falls at work are covered on a no-fault basis; slipping because you were rushing or not looking generally doesn’t bar your claim (Labor Code §3600).
- Report the fall in writing within 30 days, even if you feel fine. Your employer must give you a DWC-1 claim form within one working day of learning of the injury.
- Once you file the claim form, the insurer must authorize up to $10,000 in treatment while it decides the claim, and if it doesn’t deny within 90 days the injury is presumed covered (Labor Code §5402).
- As of 2026, temporary disability pays two-thirds of your average weekly wage, between $264.61 and $1,764.11 a week.
- If a property owner, contractor or defective ladder caused the fall, you may also have a civil lawsuit, generally due within two years.
Common workplace falls
- Falls from ladders, scaffolds, roofs, mezzanines and truck beds
- Slips on wet, oily or icy floors, spilled product or loose cables
- Trips over uneven flooring, pallets, cords or torn mats
- Stairway falls caused by poor lighting or broken handrails
- Being knocked down by a coworker, customer, patient or moving equipment
Falls cause more than bruises. Common results include concussions and other traumatic brain injuries, skull and facial fractures, neck and back injuries, broken wrists and hips, and knee and shoulder tears.
Head injury warning signs
After any blow to the head, watch for headaches, nausea or vomiting, dizziness or balance problems, blurred vision, sensitivity to light or noise, confusion, memory gaps, trouble concentrating, irritability, depression and sleep changes. Losing consciousness is a red flag, but many concussions happen without it.
Tell every doctor that you hit your head and how the fall happened. If symptoms appear later, report them to your employer and doctor in writing as soon as you notice them. Delayed symptoms are common with brain injuries, and a clear written record connecting them to the fall is your strongest protection. For more, see our guide to workers’ comp for traumatic brain injuries.
What to do after a fall at work
- Get medical care. Go to the emergency room for a head strike with worrying symptoms.
- Report the fall in writing. You generally must notify your employer within 30 days (Labor Code §5400). Waiting invites the argument that you were hurt somewhere else.
- Complete the claim form. Your employer must give you a DWC-1 within one working day of learning about the injury (Labor Code §5401). Fill out your section, return it and keep a dated copy.
- Document the scene. Photograph the floor, ladder, stairs, lighting and any warning signs, and get the names of witnesses. If no one saw the fall, see how to prove a work injury without a witness.
- Keep a symptom diary. Write down headaches, memory lapses and mood changes, with dates.
- Track deadlines. A workers’ comp case generally must be filed within one year of the injury or the last benefit provided (Labor Code §5405).
Benefits after a fall
| Benefit | What it covers (as of 2026) |
|---|---|
| Medical treatment | Emergency care, imaging, neurology, neuropsychological testing, physical, vestibular and speech therapy, and other treatment reasonably required (Labor Code §4600) |
| Temporary disability | Two-thirds of average weekly wages, $264.61 to $1,764.11 a week, generally up to 104 weeks within five years |
| Permanent disability | Payments for lasting physical or cognitive impairment, based on a medical rating |
| Job displacement voucher | $6,000 for retraining if your employer doesn’t offer suitable work (injuries on or after January 1, 2013) |
| Death benefits | $250,000 to $320,000 for total dependents, plus up to $10,000 for burial |
The 2026 temporary disability limits come from the Division of Workers’ Compensation’s announcement. Estimate your weekly rate with our free workers’ comp benefits calculator.
Here is a hypothetical. Teresa, a hotel housekeeper earning $900 a week, slips on a freshly mopped floor and strikes her head. She feels dazed but finishes her shift. Two days later she has headaches and can’t remember room numbers. She reports both the fall and the new symptoms in writing, and her doctor diagnoses a concussion and takes her off work. Her temporary disability rate would generally be $600 a week, two-thirds of her wages.
Insurer arguments in fall and head injury claims
- “You were careless.” Workers’ comp is no-fault. Carelessness generally doesn’t matter; intoxication and intentionally self-inflicted injuries are the main exceptions.
- “It was a pre-existing condition.” A prior condition doesn’t defeat a claim when work aggravated it. Permanent disability can be apportioned to other causes only when a doctor addresses causation and states approximate percentages (Labor Code §4663). See pre-existing conditions and workers’ comp.
- “The fall wasn’t work-related.” When a fall is linked to a personal medical event, such as fainting, insurers may dispute coverage. Where you fell, what you were doing, and what you landed on all matter.
- “It’s just a mild concussion.” Normal CT and MRI scans may not rule out a brain injury. Neuropsychological testing and specialist reports can document cognitive deficits that imaging misses.
- “You can go back to work.” If your restrictions don’t fit the job offered, your temporary disability and retraining rights may be affected, so get restrictions in writing.
If a head injury leads to depression or anxiety, note that a severe head injury is one of the catastrophic injuries for which a psychiatric condition can still increase your permanent disability rating (Labor Code §4660.1(c)).
Lawsuits against outside parties
Workers’ comp is generally your only remedy against your employer. But you may be able to sue a third party, such as a property owner where you were working, another contractor whose crew left a hazard, or the maker of a defective ladder or harness (Labor Code §3852). California limits claims against companies that hire contractors, so these cases depend on who controlled the work and knew of the hazard. A personal injury lawsuit generally must be filed within two years (Code of Civil Procedure §335.1). You can also report unsafe conditions to Cal/OSHA.
Frequently asked questions
Is a slip and fall at work covered if no one saw it?
Yes, it can be. Witnesses help, but prompt written reporting, medical records that describe the fall, photos and your consistent account can prove the injury.
What if my head injury symptoms started days later?
Report the symptoms in writing as soon as you notice them and see a doctor. Delayed symptoms are common after a concussion and don’t make the claim invalid.
Can I choose my own doctor for a head injury?
If your employer has a medical provider network, you generally must treat within it, but you can change doctors within the network after the first visit and request second and third opinions.
Do I have to prove my employer caused the fall?
No. You generally only need to show the injury arose out of and happened in the course of your work. Fault matters for a lawsuit against an outside party, not for workers’ comp. See is my injury covered if I was at fault?
Can I be fired for filing a claim after a fall?
Firing or punishing you because you filed a workers’ comp claim can violate Labor Code §132a. See workers’ comp retaliation.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively in workers’ compensation and employment cases across California. We offer free virtual consultations to review your fall, your symptoms and your benefits. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
