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Workers’ Compensation
Injured at work anywhere in California? Know the Benefits and Compensation you may be entitled to receive
Workers’ compensation is California’s no-fault insurance system that provides benefits to employees who are injured or become ill because of their jobs. When benefits are delayed, denied or undervalued, injured workers may face unpaid medical bills and an uncertain future. If you are struggling to obtain the workers’ compensation benefits you deserve, contact our Workers’ Compensation Lawyers today to discuss your situation and learn about your legal options.
Our Personal Injury attorneys are helping injured workers at work in Los Angeles, the San Fernando Valley or elsewhere in California since last 50 years. Our team at Walch Law make sure that your benefits are not missed and your deadlines are met. When someone other than your employer caused the injury, you may also have a separate personal injury claim that pays far more than workers’ compensation alone. Please contact us now for your FREE consultation or you can simply call our office at 866 INJURY 2 (866-465-8792) or 818-222-3400 (after hours, dial “1”)
| Key Takeaways ● California employers must carry workers’ compensation insurance, even if they have only one employee. Coverage often extends to part-time and temporary workers, regardless of immigration status. ● Benefits include medical care, temporary disability, permanent disability, a job-retraining voucher and death benefits for dependents. They do not include pain and suffering. ● Report your injury to your employer within 30 days and in writing if possible. Late reporting can jeopardize a claim. ● In most cases, you have one year from the date of injury to file a claim with the Workers’ Compensation Appeals Board. ● If someone other than your employer caused your injury, you may also bring a third-party personal injury claim for pain, suffering and other damages. The deadline is generally two years. ● It is illegal for an employer to punish or fire you for filing a workers’ compensation claim. |
How California Workers’ Compensation Works
Workers’ compensation is often described as the nation’s oldest social insurance program. The idea is a trade. Injured workers receive prompt medical care and wage replacement without having to prove their employer was at fault. Employers are protected from lawsuits (Labor Code §§ 3600, 3602). That trade keeps disputes out of court, but it also limits what an injured worker can collect.
California law requires every employer to secure workers’ compensation coverage (Labor Code § 3700), even if it has a single employee. Licensed roofing contractors must carry coverage whether or not they have employees. The law protects employees who are hurt by a single accident, such as a fall or a machinery injury and those who develop illnesses or repetitive-motion injuries over time, known as cumulative trauma.
Who Is Covered?
- Full-time, part-time and many temporary workers.
- Workers regardless of immigration status. California law includes workers who are not legally authorized to work in the definition of covered employees (Labor Code § 3351).
- Workers injured in vehicle accidents while on the job, injured by machinery, or exposed to harmful substances and workers with job-related illnesses and psychiatric injuries that meet legal standards.
What if My Employer Has No Insurance?
An employer’s failure to carry coverage is illegal. Injured workers of uninsured employers may be able to receive benefits through the state’s Uninsured Employers Benefits Trust Fund and may also be able to sue the employer directly in civil court. These cases move on strict timelines, so talk to a lawyer promptly.
Retaliation Is Against the Law
Your employer may not fire, demote, or otherwise punish you for filing or seeking workers’ compensation benefits. Discrimination against an injured worker is prohibited by Labor Code § 132a and other California laws may also protect you. If you believe you were retaliated against, do not wait to get advice.
Workers’ Compensation Benefits in California
California workers’ compensation provides five main types of benefits, plus a sixth for those injured long ago.
1. Medical Care
The claims administrator must pay for all medical care that is reasonably required to cure or relieve the effects of your work injury or illness (Labor Code § 4600). This applies even if you do not miss work. A health care provider generally may not bill you if it knows the condition is work-related.
2. Temporary Disability Benefits
If your injury keeps you off work or limits your hours, you may receive temporary disability payments, generally two-thirds of your average weekly earnings, subject to a statutory minimum and maximum. For 2026, the maximum is $1,764.11 per week and the minimum is $264.61 per week (California Division of Workers’ Compensation). Temporary disability is generally limited to 104 compensable weeks within five years of the injury (Labor Code § 4656).
3. Permanent Disability Benefits
If you do not fully recover, you may be entitled to permanent disability benefits, which compensate you for how your lasting impairment affects your ability to work. The rating is based on a medical evaluation, your age, occupation and other factors and it is frequently disputed.
4. Supplemental Job Displacement Benefit (SJDB)
If you cannot return to your job and your employer does not offer modified or alternative work, you may qualify for a voucher of up to $6,000 for retraining or skill enhancement at an approved school (Labor Code § 4658.7). This applies to injuries on or after January 1, 2013.
5. Death Benefits
If a work injury or illness causes death, certain dependents may receive death benefits and burial expenses are covered up to a statutory limit (Labor Code § 4700 et seq.).
| What workers’ compensation does NOT pay ● Pain and suffering, emotional distress and loss of enjoyment of life. ● Full replacement of lost wages (temporary disability is a percentage of your earnings). ● That is why a third-party claim, when available, can matter so much. |
Third-Party Claims: When Someone Other Than Your Employer Is at Fault
Many workers do not realize they may have two claims at once. Workers’ compensation applies no matter who is at fault, but if a third party (someone other than your employer or a co-worker) negligently caused your injury, you may also bring a personal injury claim against that party. That claim can include damages workers’ compensation never pays: pain and suffering, emotional distress, loss of enjoyment of life and the full measure of lost earnings.
Examples of Third-Party Claims
- A delivery worker slips on wet paint or a defective stairway in an apartment building with no warning signs. The building owner or a painting contractor may be liable.
- A worker is rear-ended while driving for work. The at-fault driver and the vehicle’s owner may be liable. Rideshare, delivery and sales workers often have this kind of claim.
- A worker is injured by defective equipment, such as a faulty ladder, a machine without safety guards, or a power tool. The manufacturer, supplier, or owner may be liable under product liability law.
- A worker is hurt on someone else’s property, including a fall from an unsafe condition or a dog bite. The property owner or dog owner may be responsible.
- A worker on a multi-employer job site is injured by a subcontractor’s negligence.
Critical Deadlines
| Deadline | Time limit | Authority |
| Report the injury to your employer | Generally within 30 days | Labor Code § 5400 |
| Employer must give you a claim form | Within 1 working day of learning of the injury | Labor Code § 5401 |
| Claims administrator accepts or denies | Within 90 days of the claim form, or the claim is presumed compensable | Labor Code § 5402 |
| File an application with the WCAB | Generally 1 year from the injury (or from the last benefits provided or the date of knowledge for cumulative trauma) | Labor Code §§ 5405, 5412 |
| Third-party personal injury lawsuit | Generally 2 years | Code Civ. Proc. § 335.1 |
| Claim against a government entity (third party) | Generally 6 months | Gov. Code § 911.2 |
These rules have exceptions and can be complicated, particularly for illnesses and cumulative trauma. The safest course is to act quickly. Our consultation is absolutely FREE and there is NO FEE until you win, so please contact us now for your FREE consultation and case evaluation.
Work Injuries Across Los Angeles and Southern California
California’s workforce is large and varied and so are its hazards. In 2024, California private employers reported about 344,500 nonfatal workplace injury and illness cases, including about 132,700 serious enough to require time away from work (U.S. Bureau of Labor Statistics). Common injury settings across the Los Angeles area include warehouses and logistics near the ports and the Inland Empire, construction sites in the San Fernando Valley, hospitals and health care facilities, restaurants and hotels, film and entertainment sets, delivery and driving work and outdoor jobs in the summer heat.
| California Work Injury Snapshot (2024) ● About 344,500 nonfatal workplace injury and illness cases reported by California private employers ● Rate of 2.9 cases per 100 full-time workers, compared with 2.3 nationally ● About 132,700 cases involved days away from work ● Source: U.S. Bureau of Labor Statistics, Workplace Injuries and Illnesses in California (2024 data, released February 2026). |
Whether you work in Woodland Hills, Van Nuys, Burbank, Glendale, Pasadena, Santa Monica, Beverly Hills, Calabasas, or anywhere in Los Angeles or Ventura County, the law applies the same way. If you believe your workplace is unsafe, Cal/OSHA may also be involved in investigating hazards.
Why Hire an Experienced Workers’ Compensation Lawyer?
You can file a workers’ compensation claim without a lawyer, but the process can be complicated, especially when benefits are delayed, denied or undervalued. An experienced workers’ compensation lawyer can help protect your rights, pursue the benefits you may be entitled to and explore potential third-party injury claims.
If you have been injured at work, do not let strict deadlines or mounting medical bills and lost wages put your future at risk. Contact us today for a FREE consultation and case evaluation. There is NO FEE until you win. Call toll-free at 866 INJURY 2 (866-465-8792) or 818-222-3400 (after hours, dial “1”).
Our California personal injury firm has more than 50 years of experience handling injury cases and we treat every client like family, whether the case is simple or complex. We are available 24/7 and assist injured workers throughout Los Angeles, Kern, Orange, Riverside, San Bernardino and Ventura counties, the San Fernando Valley and all of California.