California workers’ compensation provides benefits to employees who are injured or become ill because of their work. It is generally a no-fault system, meaning you typically do not have to prove that your employer was at fault to receive benefits. The process usually begins by reporting the injury to your employer and completing a DWC-1 claim form. Depending on your injury and circumstances, available benefits may include medical treatment, temporary disability benefits, permanent disability benefits, and other forms of assistance.
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Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
Workers’ compensation is a system that provides benefits to employees who are injured or become ill because of their work. California employers are generally required to provide workers’ compensation coverage for their employees. Depending on the circumstances, benefits may include medical treatment, partial wage replacement, permanent disability benefits, and assistance returning to work.
Workers’ compensation is generally a no-fault system, meaning you typically do not have to prove that your employer was negligent or otherwise caused your injury to receive benefits. In most cases, workers’ compensation is also the exclusive remedy for a covered workplace injury, which generally means an employee cannot sue the employer in civil court for the same injury. However, there are exceptions, and some workplace injuries may also involve claims against third parties.
Most employees in California are covered by workers’ compensation, including many part-time and temporary employees. Coverage generally does not depend on how long you have worked for your employer, and most workers may be eligible for benefits from the beginning of their employment.
Different rules may apply to certain types of workers, including independent contractors and some domestic workers. However, being labeled an “independent contractor” or receiving a 1099 does not necessarily mean you are excluded from workers’ compensation. California looks at the actual working relationship when determining whether someone is an employee or an independent contractor, and a worker who has been misclassified may still be entitled to workers’ compensation benefits.
Every claim is different, but the workers’ compensation process generally follows these steps.
Tell your employer about your injury or illness as soon as possible. When possible, report it in writing so there is a record of when notice was provided. California generally requires an employee to report a work-related injury within 30 days. Waiting too long to report an injury can affect your ability to receive benefits.
Seek medical care as soon as you need it and let the health care provider know that your injury or illness is work-related. For emergency treatment, get the care you need right away.
Depending on your employer’s workers’ compensation coverage and whether you properly designated a personal physician before the injury, you may be required to receive treatment through your employer’s Medical Provider Network (MPN).
After learning about your work-related injury or illness, your employer generally must provide or mail you a DWC-1 claim form within one working day. Complete the employee section, sign and date the form, return it to your employer, and keep a copy for your records.
Returning the completed DWC-1 starts the workers’ compensation claim process and helps protect your right to benefits.
After you return the DWC-1, your employer sends the claim to its workers’ compensation claims administrator. The claims administrator will review the claim and determine whether it should be accepted, denied, or whether additional investigation is needed.
If your injury causes you to lose wages and you qualify for temporary disability benefits, the first payment is generally due within 14 days after the employer knows of both the injury and the disability (Labor Code § 4650).
In most cases, if the claim is not denied within 90 days after the completed claim form is filed with the employer, the injury is presumed compensable (Labor Code § 5402).
If your claim is accepted, you may receive medical treatment and other workers’ compensation benefits that apply to your injury. Your claim may eventually be resolved through a settlement or other workers’ compensation proceedings.
If your claim is denied, you may have the right to challenge that decision through the Workers’ Compensation Appeals Board (WCAB).
California workers’ compensation provides several types of benefits depending on your injury, your ability to work, and whether you fully recover.
| Benefit | What it covers |
|---|---|
| Medical treatment | Doctor visits, surgery, medication, therapy for the work injury or illness |
| Temporary disability | Partial wage replacement if your injury prevents you from doing your usual job while you recover |
| Permanent disability | Payments if your work-related injury or illness results in lasting disability |
| Supplemental job displacement | A voucher that may help pay for retraining or skill development if you have permanent partial disability and meet the eligibility requirements |
| Death benefits | Payments to eligible dependents when an employee dies as a result of a work-related injury or illness |
Temporary disability benefits are generally not subject to federal, state, or local income tax. The amount you may receive depends on your earnings and the minimum and maximum benefit rates in effect for your date of injury.
Workers’ compensation claims are subject to important deadlines, and waiting too long to act can affect your right to benefits. Two deadlines to keep in mind are:
The applicable deadline can be more complicated for injuries or illnesses that develop over time. California has specific rules for determining the date of a cumulative injury, and other circumstances may affect when a filing deadline begins or whether an exception applies.
If you believe a deadline may have passed, do not assume that you have lost your right to benefits. The applicable time limit depends on the circumstances of your claim.
A denied claim does not necessarily mean the end of your case. You may have the right to challenge the denial through California’s workers’ compensation system.
Claims may be denied for a variety of reasons, including disputes over whether an injury or illness is work-related, questions about when or how the injury was reported, or insufficient medical evidence. Depending on the circumstances, additional evidence or proceedings before the Workers’ Compensation Appeals Board (WCAB) may be necessary to resolve the dispute.
Abramson Labor Group represents injured California workers through the entire process, from filing to disputing denied and delayed claims.
California workers’ compensation is generally a no-fault system that provides benefits to employees who are injured or become ill because of their work. After reporting the injury or illness to your employer, you should complete and return a DWC-1 claim form. The claims administrator then reviews the claim and determines whether it will be accepted, denied, or requires further investigation. Depending on your circumstances, available benefits may include medical treatment, temporary disability benefits, permanent disability benefits, and other assistance.
No. Workers’ compensation is generally a no-fault system, meaning you typically do not have to prove that your employer was negligent or otherwise at fault. However, you still must establish that your injury or illness is compensable under California workers’ compensation law.
The timing depends on the type of benefit and the circumstances of your claim. After you file a DWC-1 claim form, the claims administrator generally must notify you within 14 days whether your claim has been accepted or whether additional investigation is needed. In most cases, if the claim is not denied within 90 days after you provide the completed claim form to your employer, the injury is presumed compensable.
Being labeled an independent contractor or receiving a 1099 does not necessarily determine your employment status. California looks at the actual working relationship under applicable legal tests, and workers who have been misclassified as independent contractors may still be entitled to workers’ compensation benefits.
In most cases, workers’ compensation is the exclusive remedy for a covered workplace injury, meaning you generally cannot sue your employer in civil court for the same injury. However, exceptions may apply, and some workplace injuries may also give rise to claims against third parties.
California’s workers’ compensation system involves important deadlines and procedures that can affect your claim. If you were injured at work or your workers’ compensation claim has been denied or delayed, Abramson Labor Group can help you understand your rights and options under California law.
Call (213) 493-6300 or request a free case evaluation.
This article provides general information about the California workers’ compensation system and is not legal advice. Every claim is different, and deadlines and rules can vary by situation. Confirm your circumstances with a qualified attorney.
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