California Workers’ Compensation Attorneys
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California Workers’ Compensation Attorneys Are Here To Help After An Accident
If you suffer injuries at work, you may have the right to workers’ compensation. California law requires all employers, even those with a single employee, to carry workers’ compensation coverage. This requirement grants injured workers access to compensation for their medical expenses and part of their lost income.
If you have never dealt with a workers’ compensation insurance claim before, it can be difficult to know what to do or evaluate your losses. However, a California workers’ compensation attorney can help! The skilled attorneys at our personal injury firm know how to protect your legal rights. Our California workers’ compensation lawyers are experienced in handling many types of workplace injury cases.
Our goal is to help you pursue compensation that aligns with your actual losses. We can help you seek temporary or permanent benefits, and we can also explore any other potential legal claims you may have. Our injury lawyers know how to access different sources of compensation that are applicable to your case. We are committed to helping you so that your claim is not denied on improper grounds.
$6,800,000.00
Does v. California Farm (confidential) –settlement for a group of farmworkers who were killed when the car they were transported in to work flipped over in Merced County.– Benny Khorsandi
What Is Workers’ Compensation?
Workers’ compensation is an insurance system that allows injured workers to seek compensation when they are hurt on the job. Every state has its own system governed by state laws. The system in our state is established and governed by the California Labor Code. These statutes govern who is eligible for workers’ compensation, what compensation is owed, how long workers’ compensation benefits must be paid for, and what services are available to workers who are permanently disabled.
California law also determines which employers must maintain workers’ compensation coverage. In some states, employers are only required to carry insurance if they have a certain number of employees or are engaged in a hazardous field of work. This is not the case in California.
If an organization hires even one employee, it is legally required to carry workers’ compensation insurance. Doing this helps make critical benefits available to all California workers. Employers can qualify to “self-insure,” meaning they have enough assets to pay injury claims without paying premiums for workers’ compensation insurance.
This action requires state approval. The employer must have a net worth of at least $5 million and a net income of $500,000 per year. The employer must also post a security deposit. As you can imagine, many small businesses cannot meet these requirements. These small businesses can pool their resources in group self-insurance plans, which have become a popular alternative to traditional workers’ compensation insurance policies. Such plans are governed by the Office of Self-Insurance Plans, which is part of the California Department of Industrial Relations.
Who Is Eligible For Workers’ Compensation?
In order to qualify for workers’ compensation coverage, an employee must prove that their injury occurred while on the job. The process is relatively simple if the injuries result from a single accident in the workplace while the employee was on the clock. But workers’ compensation claims are not always this straightforward. What if the employee was running an errand?
If the errand was at the direction of the employer, the worker is still eligible for workers’ compensation coverage, even if the accident did not occur on the employer’s premises. For example, if a company driver got into a crash during the scope of their work. They can seek help from car accident attorneys to determine whether they have a valid claim. What if the employee clocked out but was still performing a task for the employer?
This, too, is a situation that should result in workers’ compensation coverage. As you can imagine, workers’ compensation insurance companies sometimes fight claims that occur in these “gray areas.” Because of this, it is essential to hire your own workers’ compensation attorney who can help you prove your employer is liable for your injuries.
Workers’ compensation is also available when your injuries did not occur from a single accident. Sometimes, workers experience a “cumulative injury” from repeated actions or exposure to harmful substances in the workplace. A typical example is mesothelioma. This condition does not occur in a single day.
Miners can develop black lung disease after years in the mines. Many workers have developed mesothelioma and other cancers after years of exposure to asbestos in the workplace. These chronic conditions are expensive, and victims have the legal right to seek compensation for their losses. Skilled lawyers can help injured workers file claims for these conditions and resulting damages.
What Does Workers’ Compensation Pay For?
Many injured workers are surprised to learn that workers’ compensation does not cover the full amount of their lost wages. Wage rates are set by state rules that can change every year. In general, workers’ compensation can reimburse you for two-thirds (66.7 percent) of the wages you made before the injury. But this is limited by minimum and maximum amounts that change every year. In 2025, the minimum is $252.03 per week, while the maximum is $1,680.29 per week, according to the Department of Industrial Relations (DIR) in California.
Workers’ compensation does cover the full amount of all medical bills that are related to your workplace injury. However, the insurance company can contest these charges. Typical pushback for these claims includes the injured employee got “too much treatment,” or that the treatment was not related to the workplace injuries, or that the costs are excessively high.
It is crucial to consult with a knowledgeable workers’ compensation attorney who can challenge these claims and seek compensation for the medical treatment you need. Workers’ compensation does not pay for all of your lost wages. It also does not offer any compensation for your pain and suffering. However, a workplace injury lawyer can review your case for any other potential claims you may have.
If, for example, you were injured in the workplace because your safety equipment malfunctioned, you might have a product liability claim against the manufacturer. In a product liability claim, the victim is entitled to compensation for all of their lost wages, pain, and suffering, as well as all medical bills and expenses related to the injury. This is why it is so important to be sure that you are not missing out on any other injury claims you have in addition to your workers’ compensation claim.
Common Types Of Injuries Our California Workers’ Compensation Attorneys Represent
Workers’ compensation insurance coverage applies to all injuries suffered in the “course and scope” of your employment. As a result, workers’ compensation covers you even if you were not physically at the office or workplace when you were hurt. Imagine, for example, that you were struck by a negligent driver while operating a company vehicle on company business. In this case, you would likely be entitled to workers’ compensation, even though you were not at the office; you were still within the scope of your employment.
Workers’ compensation also covers injuries that occur at work sites. Injuries on construction worksites, road crews, and manufacturing facilities are common because these worksites are particularly dangerous. So what types of injuries are common in workers’ compensation claims? The severity of workplace injuries tends to be related to the type of accident you had.
Some examples of common workplace injuries include:
- Whiplash
- Muscle pain
- Sprains and strains
- Simple broken bones
- Mild concussions
- Bruised internal organs
Of course, you could also suffer more serious injuries, such as:
- Complicated bone fractures (involving blood vessels, nerves, or underlying medical conditions that hinder bone growth)
- Mild brain damage
- Nerve pain and injuries
- Heavy bleeding
The most serious injuries can be life-threatening. Unfortunately, not all injury victims survive workplace accidents. Surviving family members may pursue death benefits in these circumstances.
The most serious injuries can include:
- Permanent brain damage (or brain death).
- Heavy internal bleeding.
- Damage to internal organs.
- Amputation of limbs.
- Paralysis (including paraplegia, quadriplegia, and tetraplegia).
Regardless of the severity of your injuries, you can seek workers’ compensation coverage for your financial losses and medical expenses. Our workers’ compensation attorneys can help protect your legal rights throughout your case.
What To Do After A Workplace Injury
It can be difficult to know what to do in the chaotic aftermath of a workplace accident. Your priority must always be the health and safety of everyone on the scene. Call 911 right away if you or anyone else needs immediate medical attention.
Get out of the way of any debris that may fall or unstable machinery in the area to prevent further injuries. If you are unsure whether you can safely leave the scene, ask the 911 operator what to do. They will be able to tell you how soon first responders can arrive on the scene — and whether you should stay put until then.
Some injury victims choose not to leave the scene in an ambulance. If your injuries are stable, this might be a viable option, but even then, it is important to see a doctor right away. Only a medical professional can determine whether you have suffered injuries — and whether you need immediate medical attention.
Some injuries are not immediately obvious. Internal bleeding, for example, might start very slowly. By the time you show symptoms, you could be having a life-threatening emergency. If, however, you saw a doctor right away, they could monitor your blood pressure and determine whether you needed surgery to prevent your condition from becoming serious. Internal bleeding is just one of many examples of injuries that you might not notice right away.
Only a medical professional can give you a clean bill of health. In addition to protecting your health, seeing a doctor will also protect your legal rights. Insurance companies sometimes try to claim that an injury victim made their injuries worse by delaying medical treatment.
Delaying treatment can impact your case. Even a quick, simple exam can help prevent serious medical and legal complications. The California workers’ compensation attorneys at Arash Law can help protect your claim from such attacks, but it is better to see a doctor in the first place.
Once a healthcare professional has addressed your medical needs, it is time to find a workers’ compensation attorney. The sooner you have an attorney working with you, the sooner they can start building your case. Our California workers’ compensation attorneys are committed to legally representing you in settlement negotiations and court trials.
Other Types Of Disability Benefits California Workers’ Compensation Attorneys Can Pursue
Workers’ compensation insurance provides benefits for all medical bills related to the accident and a set portion of your lost wages. It does not cover all your wages, and it does not pay any compensation for pain and suffering. It is important to ask your injury lawyer about exploring other legal claims you may have.
For example, personal injury claims can provide more coverage and compensation, but they often take longer to resolve than a workers’ compensation claim. This fact is why it is important to file both types of claims whenever possible. Your health insurance company may be entitled to reimbursement for medical bills it paid that are later paid by workers’ compensation. Similarly, the workers’ compensation company may be entitled to reimbursement for medical bills later paid by another injury settlement.
Your injury lawyer will help settle these reimbursement requests and keep them within the allowed reimbursement amounts. Doing so protects your right to receive all the compensation you may gain. But how are permanent injuries compensated? Workers’ compensation offers set payments for permanent disabilities if your doctors determine that you have reached Maximum Medical Improvement (MMI). MMI means that further treatment would not help your injuries, and you have recovered as much as can be expected.
If the workers’ compensation insurer agrees that you have reached MMI, you may be entitled to permanent disability payments. There are also, however, other sources of compensation for these injuries. Some employers provide short-term and long-term disability insurance for their employees. Other employees choose to purchase this insurance themselves to supplement their health insurance coverage.
These policies pay benefits when you are out of work for an extended time. And if you have paid into the social security system, you can apply for social security disability income (SSDI). Your eligibility for disability benefits and other legal claims depends on the specific circumstances of your unique situation. This fact is why it is important to consult with a workers’ compensation attorney about your particular case.
The injury lawyers at Arash Law offer free initial consultations, so be sure to meet with one of our experienced workers’ compensation attorneys. If you wait to get legal advice, your legal rights could be hurt by something you have said or done following the accident. It might even be too late to file claims at all. Workers’ compensation and personal injury claims are subject to statutes of limitation.
If you do not file your claim by the deadline established by law, you lose your claim forever. Do not wait to get the legal advice that can prevent this situation.
$14,000,000.00
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– Brian Beecher
Workers’ Compensation For Permanent Injuries
Your workers’ compensation benefits for permanent injuries depend on many factors. First, it is important to realize that the insurance company can dispute that you have reached MMI. They can request an exam from their doctor to assess your injuries. Once a physician determines that you have reached MMI, the insurance company will assign you a permanent disability rating.
A medical professional determines this rating to reflect the portion of your earning ability that you lost due to your work injury. Importantly, the same injuries could affect two workers very differently.
Some of the factors that affect your permanent disability rating include:
- Your age.
- The date of your injury (and the workers’ compensation laws in effect at the time of the injury).
- Your specific job duties, the field you work in, and the work you can perform in that field with your injuries.
- The specific type of injuries you received to each body part.
- Your ability or inability to compete in a fair job market with your disability.
- The work restrictions you have with your disability.
Often, the insurance company does not come up with a fair disability rating on the first attempt. Your attorney can present your medical evidence to the insurance company and ask them to reconsider. You also have the right to appeal the disability rating to the Division of Workers’ Compensation. Our workers’ compensation attorneys have experience handling permanent disability ratings and all options for appealing this decision when necessary.
How Long Can I Receive Workers’ Compensation Benefits?
California laws and rules also determine how long a person can receive workers’ compensation benefits. For most injuries, you will be capped at 105 weeks within a five-year period. However, this does not mean you are guaranteed benefits for that long. Your benefits continue for as long as your medical condition requires. If your doctors determine that you are able to return to work sooner, then your benefits will stop. If you are still getting treatment after 105 weeks, your workers’ compensation lawyer might have to gather medical evidence to prove that your injuries are permanent.
Workers’ compensation benefits for permanent injuries are based on a standard of “maximum medical improvement” (MMI). MMI is not the same as being healed from your injuries. It means that further medical treatment is unlikely to improve your condition.
At this point, your doctor will conduct a disability rating to determine whether you are able to work with your permanent limitations (and, if so, what restrictions you will face). If you are permanently unable to return to any type of work, your injuries will be declared a permanent total injury.
If you are able to return to some work with limitations (such as limited hours or no heavy lifting), you are permanently partially disabled. State law provides different forms of compensation for permanent total disabilities and permanent partial disabilities.
It is essential to understand that you could reach MMI before hitting 105 weeks of workers’ compensation benefits. Your doctor does not have to wait to rate your disabilities. When the disability rating occurs, the insurance company might not accept your doctor’s opinion. They have the right to pay for an independent medical examination (IME) performed by a qualified medical provider.
At the IME, the insurance company’s doctor will evaluate your injuries to determine the disability rating. If the IME doctor’s disability rating is different from your own doctor’s, your attorney will have to challenge the insurance company’s doctor’s opinion. If the insurance company still refuses to accept your doctor’s disability rating, you might have to appeal your case through the administrative appeals process in the state workers’ compensation program. The issue may even go to court. Your injury lawyer will advise you on alternative ways to seek compensation for your case.
What If My Employer Retaliates Against Me For Filing A Workers’ Compensation Claim?
California law prohibits employers from retaliating against employees who file workers’ compensation claims. Section 132(a) of the California Labor Code explicitly states that California’s public policy prohibits discrimination against those who suffer injuries within the scope and course of their employment. Prohibited discrimination includes firing an employee, threatening to fire them, or otherwise discriminating against them (such as changing shifts or forcing a demotion on the employee) because they filed a claim.
Employers who do so can be convicted of a misdemeanor. The employee’s compensation in such a case is also increased by half (up to $10,000), and they can recover up to $250 in costs and expenses associated with getting the award. The employee is also entitled to be reinstated and compensated for any past due wages and employment benefits (such as health insurance). The law prohibiting retaliation is, in fact, so comprehensive that it also targets workers’ compensation insurance companies.
Workers’ compensation carriers can also be convicted of a misdemeanor and be forced to pay the above awards if they advise their clients to retaliate against an employee. They also cannot threaten to cancel a workers’ compensation policy or increase premiums if the employer does not retaliate against the injured worker. Our experienced California workers’ compensation attorneys can help protect you from illegal retaliation — and obtain the increased awards and penalties that come with retaliation if you are eligible to receive them.
Call Us To Speak With Experienced California Workers’ Compensation Attorneys
Contact our California workers’ compensation attorneys. Our skilled accident lawyers have decades of experience and know-how to handle all types of workplace injury cases and claims under all different types of workers’ compensation insurance policies.
In addition to Los Angeles, we serve clients in San Francisco, Riverside, Sacramento, San Jose, San Diego, Sherman Oaks, and throughout California. Call (888) 488-1391 or contact us online to schedule your free consultation.
