This page is general information about California workers’ compensation. It is not legal advice about your case, and reading it or contacting us does not create an attorney client relationship. Rules change, and every case is different. If you have a lawyer, talk to your lawyer before acting on anything here.
Why this matters
Permanent disability in California is measured largely by how an injury limits ordinary daily activities. Doctors rate what is in the records and what you can describe clearly. Good records and an honest, specific diary make it much harder for important facts to be missed. Write down only what is true, and include good days as well as bad ones. Accuracy is what makes a diary believable.
Part 1: Getting your records
Your own medical records. Under California law, a provider must let you inspect your records within 5 working days of a written request, and must send copies within 15 days. Paper copies cost no more than 25 cents a page (Health and Safety Code section 123110). Ask each provider in writing for all records, reports, imaging reports and work status notes about your injury, from the date of injury to the present. Many health systems also let you download records from your online patient account.
From the claims administrator. Write to the adjuster and ask for copies of every medical report on your claim and a benefit printout showing every payment made to you or on your behalf. Keep a copy of your request and note the date you sent it.
Keep everything together. Use one folder or binder, in date order. Keep every envelope, since the postmark date can matter. Bring the whole folder to every appointment with a doctor, a QME, or a lawyer.
Part 2: Keeping a daily diary
A few minutes a day is enough. Use the diary page below, a notebook, or notes on your phone. Each entry should cover:
- The date, and your pain level from 0 (none) to 10 (worst imaginable), morning and evening.
- What you did, and what you could not do or had to stop, with specifics (“stood 15 minutes at the sink, then had to sit”).
- Swelling, numbness, falls or near falls, and anything new.
- Medications taken and any side effects; braces, ice or other aids used.
- Medical appointments, what the doctor said, and what was requested.
- Every call or letter with the claims administrator: date, name, and what was said.
Part 3: Describing the impact on daily activities
Doctors use a standard list of daily activity areas (AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, Table 1-2). For each one, compare how you did it before the injury with how you do it now. Concrete comparisons are the most useful: “before, I carried 50 pound boxes all day; now I cannot lift a full grocery bag.” Name someone who has seen the change.
| Area | Examples | Questions to answer |
|---|---|---|
| Self care | Bathing, dressing, grooming, toileting, eating | Do you need help or extra time? Do you sit to dress? |
| Physical activity | Standing, sitting, walking, stairs, bending, kneeling, reaching, lifting, carrying | How long can you stand, sit or walk before you must stop? How much can you lift? |
| Hand activities | Gripping, pinching, holding, carrying, typing | Can you open jars, button clothes, hold a phone? |
| Travel | Driving, riding as a passenger, getting in and out of a car, errands | How far can you drive before symptoms start? |
| Sleep | Falling asleep, waking from pain, restful sleep | How many hours do you sleep now compared with before? |
| Communication and senses | Writing, typing, concentration, reading, numbness, balance, hearing, vision | Do you lose your place reading? Drop things from numbness? |
| Work | The specific duties of your job | Which duties can you no longer do, or do only with help? |
| Home and family | Housework, cooking, yard work, caring for family, exercise, hobbies, social life | What have you stopped doing, or now need help with? |
Bring it to every appointment. Give a copy to your treating doctor, and describe the same limits at any QME exam. If you send anything to a QME before the exam, send a copy to the adjuster at least 20 days before it goes to the doctor.
Free help: the state Division of Workers’ Compensation (DWC) has Information and Assistance Officers in every district office who help injured workers who do not have a lawyer. Call 1-800-736-7401 or visit www.dir.ca.gov/dwc.
Daily Diary (print extra copies as needed)
| Date | Pain AM / PM (0 to 10) | What I did, and what I could not do | Medications, aids | Appointments, calls, letters |
|---|---|---|---|---|
Daily Activities: Before and Now
| Activity | Before the injury | Now | Who has seen this |
|---|---|---|---|
| Bathing and dressing | |||
| Standing | |||
| Sitting | |||
| Walking | |||
| Stairs | |||
| Bending, kneeling, reaching | |||
| Lifting and carrying | |||
| Gripping and hand use | |||
| Driving and errands | |||
| Sleep | |||
| Work duties | |||
| Housework and family care | |||
| Exercise and hobbies |
You Have The Right To Expect Workers Compensation Benefits For Your Workplace Accident.
You have the right to expect workers’ compensation benefits for your workplace accident. Call (707) 528-4409 or contact us online to learn how we can help you secure the benefits you deserve. We are ready to guide you to resolution in your workers compensation and employment law needs. Hablamos español.