California workers' compensation lawyer

You report the injury to your employer, file a DWC-1 claim form, and the employer's insurance company must accept or deny the claim — while authorizing up to $10,000 in medical treatment during the investigation. Once accepted, you receive medical care and wage-replacement benefits. Disputes go before a workers' compensation judge, not a regular court.

Three basics: you were an employee (not a true independent contractor), your injury arose out of and in the course of your work, and you reported and filed on time. Fault doesn't matter — you're covered even if the accident was partly your own doing.

All reasonable medical treatment for the injury; temporary disability at roughly two-thirds of your average weekly wage (within state minimums and maximums) while you can't work; permanent disability compensation if you have lasting impairment; a job-retraining voucher if you can't return to your old work; and death benefits for dependents in fatal cases.

Generally no — California workers' compensation benefits and settlements are not taxable as income under federal or state law. A narrow exception can apply if you also receive Social Security disability and an offset kicks in. We're not tax advisors; for unusual situations, confirm with a CPA.

Yes, and they often do: late reporting, "no witnesses," disputed medical causation. A denial is challengeable. We collect the medical evidence, take your claim through the QME process, and file for a hearing before the Workers' Compensation Appeals Board. Many denied claims end in full benefits.

Administrators stop checks when a doctor says you can work, when temporary disability caps out (generally 104 weeks), or sometimes just to pressure you. If your payments stopped and you're still unable to work, don't assume it's final — stopped benefits can be restored, with penalties when the stoppage was improper.

California covers psychiatric injuries caused mainly by work, but with strict rules: generally six months on the job, actual (not just perceived) work events as the main cause, and higher proof standards. Stress from a lawful, good-faith personnel action like a performance review doesn't qualify. It's a hard claim — which is exactly why the evaluation matters.

Retaliating against you for filing — firing, demotion, threats — is illegal in California (Labor Code § 132a) and can add compensation, reinstatement, and penalties on top of your claim. If you were terminated after reporting a work injury, tell us the timeline; wrongful termination and comp retaliation cases often travel together.

Surveillance is legal and common in disputed claims — investigators film claimants in public and review public social media. It only hurts people who exaggerate. Be accurate with your doctors, follow your restrictions, and surveillance becomes their wasted money instead of your problem.

By a percentage of your recovery — typically in the 9–15% range in California — set and approved by the workers' compensation judge at the end of the case. Nothing up front, nothing out of pocket, and the free consultation costs exactly that.

Not within the comp system — it pays defined benefits only. But if a third party (a driver, equipment manufacturer, or subcontractor) contributed to your injury, a separate personal injury lawsuit can recover pain-and-suffering damages on top of your comp benefits. We screen every case for this.

Report to your employer within 30 days; file your claim generally within one year of the injury (cumulative trauma dates work differently). If your condition worsens after an award, California allows a petition to reopen for "new and further disability" within five years of the injury date. If you're near any of these dates, call now.