Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Work injury law in California is designed to protect employees who are hurt or become ill as a direct result of their job. These laws cover a wide variety of physical injuries, occupational illnesses, repetitive stress conditions, and even some mental health issues connected to employment. California has a robust workers’ compensation system, which generally allows injured employees to receive medical treatment, temporary or permanent disability payments, and other benefits without the need to prove that the employer was at fault for the injury. However, navigating the claims process can be complex and sometimes challenging.
While California’s workers’ compensation system aims to be employee-friendly, there are situations where legal help can be critical. Common scenarios where you may need a lawyer include:
An experienced work injury attorney can help you understand your rights, gather necessary medical documentation, negotiate with insurers, and represent you at hearings or in court.
There are several key aspects of California law that are especially important for workers who suffer job-related injuries:
Seek medical attention right away, notify your employer of the injury as soon as possible, and document the incident and your injuries in writing for your records.
You must report your injury to your employer within 30 days and file your official claim form (DWC 1) within one year of the injury or illness discovery date.
Benefits typically include medical care, temporary or permanent disability payments, supplemental job displacement payments, and, in case of fatal injuries, death benefits for dependents.
No, California law prohibits retaliation against employees who file workers’ compensation claims. If you are fired, demoted, or otherwise punished, you may have grounds for a separate legal action.
No, California workers’ compensation is a no-fault system. You do not need to prove fault to qualify for benefits, though exceptions apply in cases of serious misconduct or intoxication.
You can file an appeal with the California Workers’ Compensation Appeals Board. Legal assistance can help prepare your case and represent you in the hearing process.
Generally, you cannot sue your employer outside of the workers’ compensation system unless there is evidence of intentional harm or your employer does not have workers’ compensation insurance.
You may be able to file a separate personal injury lawsuit against the responsible third party in addition to your workers’ compensation claim.
No, all workers in California, regardless of immigration status, are entitled to workers’ compensation benefits.
Permanent disability payments are based on the severity of your impairment, your age, occupation, and the date of injury. Your treating physician’s reports and guidelines set by the state determine the percentage of disability.
If you need more information or support regarding work injuries in California, consider contacting or visiting the following:
If you believe you have a work injury claim or are facing complications with an existing claim, start by documenting everything related to your injury or illness and notifying your employer as soon as possible. Seek immediate medical care and request copies of all medical records. If your claim is denied, if you experience retaliation, or if you are unsure of your rights or benefits, consider consulting with an experienced work injury attorney in California. A legal professional can guide you through filing or appealing a claim, ensure you meet important deadlines, and help you receive all the benefits to which you are entitled.
