Workers' comp attorneys · Serving all of California
California Workers' Comp & Workplace Injury Lawyer
Hurt on the job, or denied benefits? You may have more rights than you think. We help injured workers get the workers' comp benefits California law provides, and pursue a separate injury claim when someone other than your employer caused the harm. Free case review.
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Key Takeaways
- Tell your employer about a work injury in writing within 30 days. Waiting can put your claim at risk.
- Your employer must give you a DWC-1 claim form within one working day of learning about the injury. Filing it opens your case.
- Once you file, the employer must authorize up to $10,000 of treatment while it decides your claim. A claim not denied within 90 days is presumed covered.
- Benefits include medical care, temporary and permanent disability, job displacement vouchers and death benefits.
- Workers' comp is usually your only remedy against your employer. You can still sue a negligent driver, property owner or equipment maker.
- Disputed claims generally must be filed with the Workers' Compensation Appeals Board within one year.
How workers' compensation works in California
Workers' compensation is a no-fault insurance system. If a job injury or illness is caused by your work, your employer's coverage pays for medical care and part of your lost wages, whoever was at fault. In exchange, workers' comp is usually the only remedy you have against your employer.
An employer's liability for workers' comp applies when the injury arises out of and in the course of the job and is caused by the employment, with or without negligence Lab. Code 3600(a). When those conditions are met, comp is the sole and exclusive remedy against the employer, except in the cases the law lists Lab. Code 3602(a).
A work injury can be one event, like a fall or a crash while making deliveries, or build up over time, like hearing loss from constant noise. Both can be covered.
Denied by an insurance company? Insurers want claims closed quickly and cheaply. A California workers' compensation lawyer helps you get what the law provides.
Steps to take after a work injury
Get medical care, report the injury to your employer in writing within 30 days, and fill out the DWC-1 claim form your employer must give you within one working day of learning about the injury. Tell every doctor the injury is job-related, keep copies of everything, and talk to a lawyer early.
- Right away
Get medical care
For an emergency, go to an emergency room. Tell the provider the injury happened at work. See a doctor promptly for any new pain or symptoms you think came from your job.
- Within 30 days
Give your employer written notice
A comp claim generally requires written notice to the employer within 30 days of the injury, with limited exceptions Lab. Code 5400. Tell your supervisor right away. For an injury that developed gradually, report it as soon as you learn or believe your job caused it.
- Within 1 working day
Get the DWC-1 claim form
Your employer must give or mail you a claim form and a notice of potential eligibility within one working day of learning of the injury Lab. Code 5401(a). The claim is filed when you hand-deliver the form to your employer or it is received by mail Lab. Code 5401(c). Keep a dated copy.
- After you file
Treatment starts while the claim is reviewed
Within one working day after you file, the employer must authorize treatment, up to $10,000, until it accepts or rejects the claim Lab. Code 5402(c).
- Within 90 days
Accept or deny
If the employer does not reject the claim within 90 days of the claim form being filed, the injury is presumed compensable Lab. Code 5402(b).
- Within 1 year
File with the WCAB if there is a dispute
Proceedings before the Workers' Compensation Appeals Board generally must start within one year of the injury, the end of disability payments or the last medical benefit provided, whichever is latest Lab. Code 5405. Call (888) 264-3780 any time.
Workers' comp benefits in California
California workers' comp provides five main benefits: medical care for the work injury, temporary disability payments while you cannot do your usual job, permanent disability payments if you do not fully recover, supplemental job displacement vouchers for retraining, and death benefits for dependents.
Medical care
Your employer pays for treatment of the work injury within state treatment guidelines, plus mileage to medical visits.
Temporary disability
Temporary disability (TD) pays part of your lost wages while you recover. For temporary total disability, the payment is two-thirds of your average weekly earnings Lab. Code 4653, subject to minimum and maximum rates set by law each year. TD benefits are not taxable. They begin when your doctor says you cannot do your usual work for more than three days or you are hospitalized overnight. For most injuries on or after January 1, 2008, TD is limited to 104 weeks within five years of the injury, with longer limits for a few serious conditions.
Source: California Division of Workers' Compensation, Fact Sheet C (April 2024). Current-year minimum and maximum rates are published by the DWC.
Permanent disability
If you do not recover completely, permanent disability (PD) benefits compensate for lasting limits. The amount depends on a disability rating, which considers the medical findings, your age, your occupation and the date of injury. Small differences in a rating can change the benefit a great deal, so the medical evaluation matters.
Job displacement and death benefits
If you do not recover completely and do not return to work for your employer, you may receive a voucher for retraining. If a worker dies from a job injury, death benefits go to dependents.
When you can sue your employer directly
Usually you cannot. California makes workers' comp the exclusive remedy against an employer. The law allows a lawsuit in a few cases: a willful physical assault by the employer, fraudulent concealment that made the injury worse, a defective product the employer made and sold to others, and an employer that failed to carry workers' comp coverage.
The first three exceptions are set out in Lab. Code 3602(b). When an employer fails to secure workers' comp coverage, the injured worker may sue the employer for damages as if the comp system did not apply Lab. Code 3706.
California also protects workers from retaliation. It is illegal to fire, threaten or discriminate against an employee for filing or announcing a comp claim Lab. Code 132a.
Third-party injury claims for work injuries
A workers' comp claim does not affect your right to sue anyone other than your employer whose negligence caused your injury. Common examples are a driver who hits you while you are working, a contractor or property owner who created a hazard, and the maker of defective equipment or machinery.
The right to sue a third party survives a comp claim Lab. Code 3852. This matters because workers' comp pays medical care and part of lost wages, but not pain and suffering. A third-party claim can recover full lost earnings, future care and non-economic damages, under the same rules as any California injury case.
- Work-related car and truck crashes. Delivery drivers, sales staff and anyone driving for work can claim comp and also pursue the at-fault driver. See our California car accident lawyer and truck accident lawyer pages.
- Defective equipment. Machines, tools, scaffolds and safety gear made by another company.
- Unsafe property. Hazards on a site owned or controlled by someone other than your employer. See premises liability.
If you recover from a third party, the comp insurer can claim a first lien for the benefits it paid, after litigation costs and attorney fees Lab. Code 3856(b), and may claim a credit against future benefits Lab. Code 3858. We plan for both claims together so the numbers work for you. Third-party injury lawsuits generally must be filed within two years CCP 335.1.
How a California workers' compensation lawyer helps
A workers' comp lawyer files the right forms on time, gathers the medical evidence, challenges denials and low disability ratings, and represents you before the Workers' Compensation Appeals Board. In comp cases, attorney fees come out of your benefits and must be approved by a judge. The first consultation is free.
Any settlement of a comp claim, whether a compromise and release or a stipulated award, is valid only if the Appeals Board approves it Lab. Code 5001. We explain what each option means for future medical care before you decide.
Work injury cases across California
We help injured workers in all 58 California counties from our office at 4275 Executive Square in San Diego. Clients work with us by phone and video, and we travel when a case calls for it. Phones are answered 24 hours a day, and the first call is free.
Find your area in our California county list, or visit our California personal injury lawyer page.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California workers' comp questions, answered
How long do I have to file a workers' comp claim in California?
Give your employer written notice within 30 days of the injury (Labor Code section 5400), and file the DWC-1 claim form with your employer as soon as you can. If there is a dispute, a case generally must be filed with the Workers' Compensation Appeals Board within one year of the injury or of the last benefit provided, whichever is later (Labor Code section 5405).
Who gets paid first in a settlement?
In a workers' comp case, attorney fees come out of the benefits you receive, and a workers' comp judge must approve them. In a third-party injury lawsuit, the court first pays reasonable litigation expenses and attorney fees, and the employer or its insurer can then claim a first lien for the comp benefits it paid (Labor Code section 3856). You receive the balance.
What if my doctor sends me back to work full duty but I am still hurting?
Tell the doctor exactly what still hurts and what tasks you cannot do, and make sure it is written in your chart. California has a formal process for disputing a doctor's medical findings in a workers' comp case, and it has deadlines. Talk to a workers' comp attorney before you stop treatment, refuse work or sign anything.
What not to say to workers' comp?
Do not guess, exaggerate or downplay. Avoid saying you are fine when you are not, and do not speculate about causes you are unsure of. Report every body part that hurts, describe how the injury happened in plain facts, and tell doctors about any earlier injuries honestly. You can ask to speak with your attorney before giving a recorded statement.
Do you have to pay workers' comp back if you get a settlement?
If you recover from a third party, such as a negligent driver, the employer or its comp insurer usually has a lien for the benefits it paid, after litigation costs and attorney fees (Labor Code section 3856). It may also claim a credit against future comp benefits (Labor Code section 3858). These amounts can often be negotiated, so plan for them before settling.
Can I get a lump sum payout for a work injury?
Often, yes. Many California comp cases close with a compromise and release, a lump sum settlement that usually ends the claim, including future medical care. Others close with a stipulated award that can keep future medical care open. Either way, a workers' comp judge must approve the agreement (Labor Code section 5001).
Can my employer fire me for filing a workers' comp claim?
No. California law makes it illegal to fire, threaten or discriminate against a worker for filing or announcing a workers' comp claim (Labor Code section 132a). A worker who proves it can receive increased compensation, reinstatement and lost wages and benefits. Deadlines apply, so talk to a lawyer promptly.
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