Frequently asked questions about California workers compensation

California workers compensation is a system that provides benefits to employees who are injured on the job or suffer from an occupational illness. It is designed to cover the cost of medical treatment, a loss of wages, and other expenses related to the injury or illness. If you are an employee in California, you may have questions about how the workers compensation system works and what benefits you are entitled to receive. Here are some frequently asked questions about California workers compensation and their answers:

1. Who is eligible for California workers compensation?

All employees in California are covered by workers compensation, regardless of whether they are full-time, part-time, or temporary. This includes both private sector and public sector employees, as well as independent contractors who meet certain criteria.

2. How do I file a workers compensation claim in California?

If you are injured on the job or suffer from an occupational illness, you should notify your employer as soon as possible. Your employer is required to report the injury or illness to their workers compensation insurance carrier. You will then need to fill out a claim form and provide medical documentation of your injury or illness. You can find more information on the process of filing a workers compensation claim on the California Department of Industrial Relations website.

3. What benefits am I entitled to receive under California workers compensation?

If your workers compensation claim is approved, you may be entitled to receive a variety of benefits, including medical treatment, temporary disability benefits, permanent disability benefits, and vocational rehabilitation. The specific benefits you are entitled to receive will depend on the nature and severity of your injury or illness.

4. How much will I receive in temporary disability benefits?

Temporary disability benefits are designed to cover the cost of loss of wages while you are unable to work due to your injury or illness. The amount of temporary disability benefits you receive will be based on your average weekly wage and the amount of time you are unable to work. In general, temporary disability benefits are two-thirds of your average weekly wage, up to a maximum amount set by law.

5. Can I choose my own doctor for my workers compensation treatment?

In California, generally you have the right to choose your own treating physician for your workers compensation case if they are within the insurance carrier’s Medical Provider Network.. However, your case is denied, you may be able to treat with a doctor on a lien basis. If you disagree with the medical treatment or evaluation provided by your employer's chosen doctor, you have the right to dispute.

6. Can I be fired for filing a workers compensation claim?

It is illegal for an employer to retaliate against an employee for filing a workers compensation claim. If you feel that you have been fired or treated unfairly because of your workers compensation claim, you should contact an experienced workers compensation attorney for assistance.

7. How long do I have to file a workers compensation claim?

In California, you generally have one year from the date of your injury or illness to file a workers compensation claim. However, it is important to notify your employer as soon as possible, as there may be additional time limits for reporting the injury or illness. If you are unsure of the deadline for filing your claim, it is a good idea to seek the advice of an experienced workers compensation attorney.

California workers compensation can be a complex and confusing system, but it is important to understand your rights and benefits if you are injured on the job or suffer from an occupational illness. If you have additional questions about California workers compensation, we encourage you to seek the advice of an experienced workers compensation attorney.

Please call us to help you on your workers’ compensation case at 818-861-9675

We don’t charge any up front fees. If we don’t recover for you, we charge no fee.