Workers' Compensation Attorney in Van Nuys, CA
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 benefits regardless of who caused the injury, and in exchange gives up the right to sue the employer directly in most circumstances. The system covers sudden accidents as well as illnesses and injuries that develop gradually over months or years of work (cumulative trauma).
Key Points
- Every California employer is required to carry workers’ compensation insurance
- Benefits are available regardless of fault, with narrow exceptions (such as injuries caused by intoxication or a physical altercation the worker initiated)
- An employer must provide a DWC-1 claim form within one working day of learning of a work injury
- A workers’ compensation claim is a request for benefits, not a lawsuit against your employer
Considerations
- Claims generally must be filed within strict statutory deadlines — delaying can jeopardize benefits
- If an employer has no workers’ compensation insurance, an injured worker may still pursue benefits through the state and may have the separate option to sue the employer civilly
- An experienced attorney is especially useful once an employer or insurer delays, disputes, or denies a claim, since the appeals process before the Workers’ Compensation Appeals Board (WCAB) is technical
California Law Note
A workers’ compensation claim generally must be filed within one year of the date of injury, or one year from the last furnished benefit for cumulative injuries (Labor Code § 5405) — missing this window can bar an otherwise valid claim.
Related Questions
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 →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 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 →See more detail on our main site: Workers' Compensation →
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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.