California Workers’ Compensation Lawyer
Table of Contents
- Why Injured Workers Choose Abramson Labor Group
- What Does Workers’ Compensation Cover in California?
- How Does a Workers’ Comp Claim Work?
- Who Pays You While You Are on Workers’ Comp?
- When Will Workers’ Comp Offer a Settlement?
- What Does a Workers’ Comp Lawyer Do?
- Common Workplace Injuries We Handle
- What If Your Claim Is Denied or Your Employer Retaliates?
- Workers’ Compensation Lawyer in Burbank
- Frequently Asked Questions
- How much does a workers’ comp lawyer cost in California?
- Do I need a lawyer for workers’ comp?
- How long do I have to file a workers’ comp claim?
- Can undocumented workers get workers’ comp?
- Can independent contractors get workers’ comp?
- What is the 5-year rule for workers’ comp in California?
- What is the 90-day rule for workers’ compensation in California?
- What is the average workers’ comp settlement in California?
- Can you be fired while on workers’ comp in California?
- Can I choose my own doctor?
- Does workers’ comp cover injuries that build up over time?
- What won’t workers’ comp lawyers tell you?
- Is workers’ comp taxable?
- Talk to a Workers’ Compensation Lawyer
- Workers’ comp covers injuries and illnesses caused by work, whether from one event or from repeated exposure over time.
- Benefits include medical care, temporary and permanent disability, supplemental job displacement, and death benefits.
- Temporary disability pays two-thirds of your lost gross wages, between $264.61 and $1,764.11 a week in 2026.
- Report your injury to your employer in writing. If you wait more than 30 days, you could lose your right to benefits.
- If your claim is not accepted or denied within 90 days of turning in the claim form, the law presumes your injury was caused by work.
- Your lawyer cannot charge you directly. A workers’ comp judge decides what fee is reasonable, and it comes out of your benefits.
If you were hurt on the job, a California workers’ compensation lawyer can help you get the medical care and wage replacement the law provides. Abramson Labor Group represents injured employees, never employers or insurers. We handle workers’ comp claims on contingency, and your first case review is free.
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Founding Partner
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Injured Workers Choose Abramson Labor Group
- Employees only. We represent California workers, never employers or insurance companies.
- Client-rated. Clients have rated the firm 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results. See our case results. Past results do not guarantee a similar outcome.
- Founding partner. Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Statewide from Burbank. We serve injured workers across California from 1700 W Burbank Blvd, Burbank, CA 91506, in English and Spanish, with intake also available in Armenian.
What Does Workers’ Compensation Cover in California?
Workers’ comp pays for injuries and illnesses caused by work, whether from one event or from repeated exposure over time. California requires every employer to carry workers’ comp insurance or to be approved to self-insure, according to the Division of Workers’ Compensation (DWC). The DWC lists five main benefits. Our workers’ comp benefits overview covers each one in more depth.
| Benefit | What it covers |
|---|---|
| Medical care | Treatment for the work injury or illness |
| Temporary disability | Two-thirds of the gross wages you lose while you recover (DWC) |
| Permanent disability | Payments when the injury causes lasting limits |
| Supplemental job displacement | A voucher for retraining when you cannot return to your old job |
| Death benefits | Payments to dependents when a work injury or illness causes death |
For 2026, temporary disability pays between $264.61 and $1,764.11 a week, according to the Department of Industrial Relations. Our article on how much workers’ comp pays in California walks through the math. The DWC also notes that workers’ comp does not pay damages for pain and suffering.
How Does a Workers’ Comp Claim Work?
Early deadlines in a claim are short, and the first steps are yours. The DWC warns that if you do not report your injury within 30 days, you could lose your right to benefits.
- Report the injury to your employer in writing, as soon as possible.
- Get the claim form. Your employer must give or mail you a DWC-1 claim form within one working day after learning of the injury (DWC).
- Return the completed form and keep a copy. Within one day of receiving it, the claims administrator must authorize up to $10,000 in appropriate medical treatment while it decides your claim (DWC).
- Wait for a decision. If your claim is not accepted or denied within 90 days of giving your employer the completed form, the law presumes your injury was caused by work (DWC).
For a fuller walkthrough, read how workers’ comp works in California.
Who Pays You While You Are on Workers’ Comp?
The claims administrator, usually your employer’s insurance company, pays your temporary disability checks. Payments come every two weeks. The DWC notes that the claims administrator “may delay your first TD payment while investigating,” a delay “usually not longer than 90 days.” When temporary disability ends, it must begin paying permanent disability “within 14 days after TD ends” (DWC FAQ).
What happens after 104 weeks of workers’ comp?
For most injuries, temporary disability stops after 104 compensable weeks. The law caps it at 104 weeks within five years from the date of injury (Labor Code section 4656(c)(2)). Some serious conditions, such as amputations, severe burns and chronic lung disease, can receive up to 240 weeks (section 4656(c)(3)). Medical care and permanent disability are separate benefits, so the end of temporary disability does not end your claim.
When Will Workers’ Comp Offer a Settlement?
Most claims settle after your doctors decide how much permanent disability you have. In the DWC’s words, “After the amount of PD in a claim is determined, there is usually a settlement or award for benefits.” A workers’ compensation judge must approve every settlement (DWC FAQ). That is why California cases rarely settle quickly: the medical picture has to be clear first.
| Settlement type | How it works | Future medical care |
|---|---|---|
| Compromise and release (C&R) | One lump sum that resolves your whole claim | Usually closed out by the lump sum |
| Stipulation (stip) | An agreed amount of benefits that a judge approves | The DWC says a stip “usually includes a sum of money and future medical treatment” |
Choosing between them affects your medical care for years. A workers’ compensation attorney can explain how each option fits your injury before you sign.
What Does a Workers’ Comp Lawyer Do?
A workers’ comp lawyer deals with the claims administrator for you, tracks deadlines, gathers medical evidence and pushes back when the insurer denies, delays or underrates your benefits. Permanent disability ratings and settlement terms drive the value of most claims, and both are easy to get wrong without help. A lawyer also checks whether someone other than your employer caused the injury, which can support a separate claim.
What if the doctor says you can go back to work but you are still hurt?
You can dispute the report, but the window is short. The DWC says you “must send the letter within 30 days of receiving the report” if you have no attorney, and the deadline is 20 days when an attorney represents you. The dispute then usually goes to a qualified medical evaluator (QME) from a state list (DWC FAQ). Consider speaking with a workers’ compensation attorney before that window closes.
When should you hire a workers’ compensation lawyer?
Consider speaking with a workers’ compensation attorney if any of these apply:
- The insurer denied your claim, or no decision came within 90 days
- Checks arrive late, stop, or pay less than two-thirds of your wages
- Your employer cut your hours, disciplined you or fired you after the injury
- The insurer offers a settlement and you are unsure what it closes out
- Your doctor says you cannot go back to your old job
- Another company’s vehicle or equipment caused the injury
Common Workplace Injuries We Handle
Workers’ comp covers a wide range of job injuries and illnesses. These are the ones injured workers bring to us most often.
- Back, neck, and shoulder injuries from lifting or repetitive work
- Falls, slips, and trips (see slip and fall accidents at work)
- Head injuries, including a traumatic brain injury at work
- Injuries from vehicles, machines, and equipment (a car accident or defective equipment may also support a claim against someone other than your employer)
- Illness from exposure to harmful substances
Can you sue your employer for a work injury?
Usually not. Workers’ comp is generally “the sole and exclusive remedy” against your employer, with narrow exceptions such as a willful physical assault (Labor Code section 3602). A claim against someone else is different. Your comp claim does not affect your right to “all damages proximately resulting from the injury” from a third party, such as another driver or an equipment maker (Labor Code section 3852). Unlike workers’ comp, that kind of claim can include pain and suffering.
When a work injury is fatal, families may have both death benefits and other options, such as a wrongful death claim against someone other than the employer. Our article on who can file a wrongful death claim in California explains the difference.
What If Your Claim Is Denied or Your Employer Retaliates?
A denial is not the end, and a workers’ compensation lawyer can help you challenge it. Insurers deny or delay claims for many reasons. If the insurer denies a treatment your doctor requested, you “can ask for a review of that decision through IMR,” an independent medical review (DWC FAQ). Our denied and delayed claims page explains how.
The law also protects your job. The DWC states that “it’s illegal for your employer to punish or fire you for having a job injury or for requesting workers’ compensation benefits.” That protection comes from Labor Code section 132a. Learn more in can you be fired for filing workers’ comp.
Workers’ Compensation Lawyer in Burbank
Our only office is at 1700 W Burbank Blvd in Burbank, so workers hurt on the job in the city can meet a work injury lawyer close to home. We also represent workers in Glendale, Pasadena and across Los Angeles County, and statewide. If your workers’ comp injury also involves job loss or discrimination, our Burbank employment lawyer page covers those claims. Call (213) 493-6300 to set up a free case review in English or Spanish.
Frequently Asked Questions
How much does a workers’ comp lawyer cost in California?
Nothing up front. The DWC states that “Your attorney can’t directly charge you for his or her services” and that the fee “will be paid out of a portion of your workers’ compensation benefits” (DWC FAQ). The appeals board decides what fee is reasonable, based on the attorney’s responsibility, care, time and results (Labor Code section 4906). If there is no recovery, you owe no attorney fees.
Do I need a lawyer for workers’ comp?
It depends on the claim. Many workers call a lawyer when a claim is denied, checks stop, a settlement offer arrives or the job is at risk. Because the fee comes out of your benefits under a judge’s review (DWC FAQ), asking costs you nothing up front. A free case review can tell you whether your claim needs one.
How long do I have to file a workers’ comp claim?
Generally one year. The period to start proceedings runs one year from the date of injury, or from the last date benefits were paid or provided (Labor Code section 5405). The 30-day deadline to report the injury to your employer comes much sooner. A workers’ compensation attorney can evaluate which deadlines apply to your situation.
Can undocumented workers get workers’ comp?
Yes. California law makes its protections, rights and remedies “available to all individuals regardless of immigration status” who have worked in the state, except a reinstatement remedy federal law prohibits (Labor Code section 1171.5). Our article on immigration status and workplace rights covers more.
Can independent contractors get workers’ comp?
Possibly. California’s ABC test “starts with an assumption that all workers are employees,” and the hiring company must prove all three parts to treat you as a contractor (Labor Commissioner). If you were misclassified, you may be an employee with workers’ comp rights. See what to do if you are misclassified.
What is the 5-year rule for workers’ comp in California?
It lets you reopen a claim if the same injury gets worse. You can seek more benefits for “new and further disability” within five years after the date of the injury (Labor Code section 5410). The same five-year window also limits temporary disability to 104 compensable weeks for most injuries.
What is the 90-day rule for workers’ compensation in California?
It is the deadline for the claims administrator to decide your claim. If it does not accept or deny the claim within 90 days after you turn in the claim form, the law presumes your injury was caused by work (DWC FAQ). Until then, it must authorize up to $10,000 in medical treatment.
What is the average workers’ comp settlement in California?
No single average fits every case. Settlement value depends mostly on your permanent disability rating, your wages and whether future medical care stays open. The DWC notes that settlements usually come once doctors rate your permanent disability, and a judge must approve them (DWC FAQ). Be wary of any figure that ignores your medical rating.
Can you be fired while on workers’ comp in California?
Not because of the injury or the claim. Firing or punishing you for a job injury or for requesting benefits is illegal under Labor Code section 132a. An employer may still claim an unrelated reason, so timing and records matter. A firing tied to a disability may also support a disability discrimination claim.
Can I choose my own doctor?
Possibly. You can treat with your personal doctor if you predesignated that doctor in writing before the injury. The doctor must agree, and you must have health coverage for non-work injuries on the date of injury (DWC FAQ).
Does workers’ comp cover injuries that build up over time?
Yes. According to the DWC, workers’ comp covers injuries from repeated exposures at work, not only from a single event. Repetitive strain and long-term exposure to harmful substances are common examples.
What won’t workers’ comp lawyers tell you?
A good one should tell you all of it. Workers are often surprised that the fee comes out of their benefits under a judge’s review, that temporary disability has a 104-week cap for most injuries, and that a lump-sum settlement can close future medical care (DWC FAQ). Ask about each before you sign anything.
Is workers’ comp taxable?
We cover the tax rules in is workers’ comp taxable in California. If you also receive state disability or Social Security, see workers’ comp and disability at the same time.
More questions? Our workers’ compensation FAQ covers reporting, medical care, and benefits.
Talk to a Workers’ Compensation Lawyer
If you were hurt at work, or your claim was denied or delayed, we can review what happened and explain your options. Request your free case evaluation, contact us online, or call us at (213) 493-6300. We work on contingency. You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California workers’ compensation attorney.