California Workers' Comp FAQ
Get clear answers to the most common workers' compensation questions. Written in plain English by experienced California workers' comp attorneys.
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Filing Your Claim
Essential information about starting your workers' comp claim, deadlines, and eligibility.
How Do I Know If My Injury Is Covered?
Quick Answer: If your injury happened at work or because of your job (AOE/COE), it's covered. Pre-existing conditions aggravated by work are also covered.
How Long Do I Have to File a Claim?
Quick Answer: You must report injuries within 30 days and file your claim within 1 year. For cumulative trauma, the clock starts when you discover the injury.
Benefits & Payments
Understanding your disability benefits, payment amounts, and how they're calculated.
What's the Difference Between TD and PD?
Quick Answer: TD (Temporary Disability) pays 2/3 of wages while recovering. PD (Permanent Disability) compensates for lasting impairments after you reach MMI.
How Much Will My Settlement Be?
Quick Answer: Settlements depend on 7 factors: injury severity, PD rating, age, occupation, wages, future medical needs, and attorney representation.
Can I Work While on Workers' Comp?
Quick Answer: Yes, but you must report all income. Working can reduce or eliminate TD benefits. Failure to report is fraud and can result in criminal charges.
Medical Treatment
What treatments are covered, how to get authorization, and handling denials.
What Medical Treatments Are Covered?
Quick Answer: All reasonably necessary treatment is covered: doctor visits, surgery, physical therapy, medications, equipment, and more. No co-pays or deductibles.
What's a QME and Why Do I Need One?
Quick Answer: A QME is an independent doctor who determines your disability rating when there's a dispute. Their opinion significantly impacts your settlement value.
Claims & Denials
What to do when your claim is denied and how to fight back.
Legal Rights
Your legal options, suing employers, and when you need an attorney.
Can I Sue My Employer?
Quick Answer: Generally no - workers' comp is the 'exclusive remedy.' But you CAN sue third parties (equipment makers, property owners) and may sue for intentional harm.
What If My Employer Has No Insurance?
Quick Answer: You can file with the UEBTF (Uninsured Employers Benefits Trust Fund) AND sue your employer directly for full damages including pain and suffering.
How Do I Choose a Workers' Comp Lawyer?
Quick Answer: Look for experience with your injury type, fee transparency (typically 15%), client reviews, and free consultations. Avoid attorneys who guarantee results.
Return to Work
Your rights regarding modified duty, restrictions, and employer retaliation.
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