California Workers' Comp Guide
Everything you need to know about filing a workers' compensation claim in California, from injury to settlement.
Important Deadline
You must report your injury to your employer within 30 days and file your claim within 1 year. Don't delay - late reporting can result in claim denial.
The 5-Step Workers' Comp Process
Report & Document
Notify your supervisor immediately (within 30 days). Request a DWC-1 Claim Form. Seek medical attention and document everything.
PRO TIPS:
- Report in writing, keep a copy
- Take photos of hazards or injuries
- Get witness contact information
RELATED FAQ:
How long do I have to file?Get Medical Treatment
See a doctor within the Medical Provider Network (MPN). After 30 days, you can switch to your own physician if you pre-designated one.
PRO TIPS:
- Tell doctors ALL symptoms
- Follow treatment plans exactly
- Keep all medical records
RELATED FAQ:
What treatments are covered?Receive Benefits
If the doctor takes you off work, you should receive Temporary Disability (TD) payments every two weeks at 2/3 of your average wage.
PRO TIPS:
- TD has minimums and maximums
- Benefits are tax-free
- Report any late payments
RELATED FAQ:
TD vs PD - What's the difference?Reach MMI (Maximum Medical Improvement)
Once your condition stabilizes, the doctor writes a final report with your Permanent Disability (PD) rating - a percentage of impairment.
PRO TIPS:
- MMI doesn't mean fully healed
- You can dispute the PD rating
- Consider getting a QME evaluation
RELATED FAQ:
What is a QME?Settlement
We negotiate a lump sum (Compromise & Release) or stipulated award based on your PD rating, future medical needs, and wage loss.
PRO TIPS:
- Never accept the first offer
- Consider future medical costs
- Get legal advice before signing
RELATED FAQ:
How much will my settlement be?Critical Deadlines You Can't Miss
| Deadline | Action Required |
|---|---|
| 30 Days | Report injury to employer Labor Code § 5400 |
| 1 Year | File workers' comp claim (DWC-1) Labor Code § 5405 |
| 5 Years | Receive all medical treatment Labor Code § 4600 |
Related Resources
By Injury Type
Settlement guides for specific injuries
By Industry
Workers' comp info for your field
Frequently Asked Questions
Answers to common questions
Frequently Asked Questions
Do I need a lawyer for a minor injury?
Not always, but 'minor' injuries can have long-term effects. If the insurance company denies any part of your claim or offers a settlement, you should consult an attorney immediately. Consultations are free and attorneys work on contingency.
How much does a workers' comp lawyer cost?
We work on a contingency fee basis. This means you pay $0 upfront. We only get paid a percentage (typically 15%) of the settlement we recover for you. If we don't win, you don't pay.
Can I be fired for filing a claim?
No. It is illegal in California to fire or punish an employee for filing a workers' compensation claim (Labor Code 132a). If your employer retaliates, you have a separate discrimination claim worth additional damages.
What if my claim was denied?
A denial is not final. You have the right to appeal to the Workers' Compensation Appeals Board (WCAB). We specialize in reversing denials by gathering proper medical evidence and presenting it effectively.
Workers' Comp Glossary
Key terms you'll encounter during your workers' compensation claim. Understanding these terms helps you communicate effectively with doctors, attorneys, and insurance adjusters.
Need Help with Your Claim?
Our experienced California workers' comp attorneys have helped thousands of injured workers get the benefits they deserve. Free consultation, no fees unless we win.
How Much Is Your California Work Injury Case Worth?
Get a free, confidential case evaluation from our experienced attorneys. No obligation, no fees unless we win.
We respond within 15 minutes during business hours