Frequently Asked Questions
General answers to the questions we hear most. These are educational, not legal advice for your specific situation — a free consultation is the right place for that.
What is workers’ compensation?
Workers’ compensation is a California system of laws, set out in the Labor Code, that provides benefits to employees injured on the job. It is “no-fault” — an injured worker is generally entitled to compensation regardless of who caused the injury. It covers both sudden accidents and injuries or illnesses that develop gradually over months or years of repeated work activity.
View this answer on its own page →Does my employer need workers’ compensation insurance?
Yes — every California business is required to carry workers’ compensation insurance for its employees. If an employer fails to carry coverage, an injured employee can still pursue state-provided benefits, and separately may be able to sue the employer directly in civil court, which is not normally allowed under the workers’ compensation system.
View this answer on its own page →Does filing a workers’ compensation claim mean suing my employer?
No. A workers’ compensation claim is a request for benefits through the insurance system, not a lawsuit against your employer. Because employers are required to carry insurance for exactly this purpose, filing a claim generally doesn’t cost the employer out of pocket beyond their existing insurance premiums.
View this answer on its own page →Why do I need an attorney for a workers’ compensation claim?
California’s Labor Code is complex, and every case turns on its own medical and factual details. An experienced attorney can explain your options and help pursue the maximum benefits available. Representation becomes especially valuable once an employer or insurer delays, disputes, or denies a claim, since the appeals process before the Workers’ Compensation Appeals Board is technical and has strict deadlines.
View this answer on its own page →How do I know if my injury is covered by workers’ compensation?
Most injuries and illnesses connected to your job duties are covered, whether from a single accident or from repeated activity over time (cumulative trauma). Coverage questions are fact-specific — the most reliable way to find out is a free case evaluation, where the facts of how and when the injury happened can be reviewed directly.
View this answer on its own page →What benefits am I entitled to after a work injury?
California workers’ compensation generally provides four categories of benefits: medical care (treatment needed to reach maximum medical improvement, with no dollar cap), temporary disability (wage replacement while you can’t work), permanent disability (compensation for lasting loss of function), and a supplemental job displacement benefit (a training voucher if you can’t return to your usual job and aren’t offered modified work).
View this answer on its own page →How are attorney fees paid in a workers’ compensation case?
In California workers’ compensation cases, attorney fees are not billed hourly — they are set by the Workers’ Compensation Appeals Board as a percentage of the benefits recovered, typically in the range the WCAB approves case by case, and are paid out of the award rather than charged upfront. You generally pay no attorney fee unless the firm recovers benefits on your behalf.
View this answer on its own page →Injured at Work? Get a Free Case Evaluation.
Free consultation. In California workers’ compensation cases, attorney fees are set by the Workers’ Compensation Appeals Board and paid out of the benefits awarded — you do not pay a fee unless the firm wins your case.