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California Workers' Compensation FAQ

Quick, plain-English answers to the questions injured California workers ask most. For your specific situation, talk to a workers' comp attorney — we can connect you for free.

Who is covered by workers' compensation in California?
Nearly all California employees are covered from their first day on the job. Coverage generally applies regardless of who caused the injury and regardless of immigration status. Independent contractors are treated differently, and misclassification disputes are common.
Do I have to prove my employer was at fault?
No. Workers' compensation is a no-fault system. You generally don't have to prove anyone was negligent — only that the injury arose out of and in the course of your employment.
How soon do I have to report a work injury?
Generally within 30 days. For injuries that develop over time, the clock usually starts when you knew or should have known the condition was work-related. Report promptly and in writing.
What benefits can I receive?
Potentially: medical treatment, temporary disability (wage replacement while you recover), permanent disability (for lasting effects), a supplemental job displacement voucher, and, in fatal cases, death benefits for dependents.
How much does temporary disability pay?
Generally about two-thirds of your average weekly wage, subject to a state minimum and maximum that change every January. For 2025, the maximum is roughly $1,680 per week.
Can I choose my own doctor?
Usually only if you predesignated your personal physician in writing before the injury. Otherwise you typically choose from your employer's Medical Provider Network (MPN).
My claim was denied. What can I do?
You can appeal to the Workers' Compensation Appeals Board (WCAB), where a judge decides the dispute. Many denied claims are later accepted. Watch the one-year filing deadline.
How much does a workers' comp lawyer cost?
Workers' comp attorneys work on contingency. Their fee is a percentage of your recovery (commonly around 12–15%), must be approved by a judge, and is paid out of the award — not out of your pocket up front. Consultations are typically free.
Will I get fired for filing a claim?
It's illegal in California to retaliate against you for filing a workers' comp claim. If it happens, you may have a separate claim under Labor Code 132a.
How long do I have to file a claim?
Generally one year from the date of injury, or from the last benefit or medical treatment provided. Cumulative-trauma injuries follow special timing rules.

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