How long do I have to file a workers' compensation claim in California?
You must report the injury to your employer within 30 days and file the formal claim (DWC-1) within one
year of the injury. For cumulative trauma — injuries that develop over time, like back or shoulder problems
— the clock starts when you first missed work or received medical treatment, whichever came first. Missing
these deadlines can close your claim permanently, so don't wait. Call us today and we'll confirm you're
inside the window.
What if my employer doesn't have workers' comp insurance?
You still have a claim. California's
Uninsured Employers' Benefits Trust Fund (UEBTF) covers workers injured at uninsured
employers — and your employer faces serious penalties and criminal liability. We handle UEBTF claims
regularly.
Will my immigration status affect my workers' compensation claim?
No. California Labor Code protects every worker injured on the job, regardless of immigration status. Your
employer's insurance carrier cannot legally use your status against you, and your information stays
confidential between you and this firm. This protection is one of the strongest in the country.
Can my employer fire me for filing a workers' comp claim?
No — and if they do, you have an additional claim under Labor Code 132a. You can recover
lost wages (up to $10,000), reinstatement, and attorney's fees. If you've been fired, demoted, had hours
cut, or been harassed after reporting a work injury, call us. Most firms don't pursue 132a claims. We do.
How much does a workers' compensation attorney cost?
Nothing up front. California workers' comp attorneys work on contingency — we're paid a percentage
(typically 15%) of the final settlement, and only if we win.
Your initial consultation is always free. If we don't recover benefits, you pay nothing.
How much will I get paid while I'm out of work?
Temporary Disability pays two-thirds of your average weekly wage, up to the 2026 maximum
of $1,764.11 per week. Payments arrive every two weeks. The key word is "average weekly
wage" — carriers often calculate this incorrectly, excluding tips, overtime, per diems, and second jobs. We
recalculate it correctly to make sure you get the full amount.
My temporary disability check is late. What do I do?
Call us immediately. California Labor Code 4650 imposes an automatic
10% penalty plus interest for late TD payments. Many workers don't know this and simply
accept late checks. We don't. Every delay turns into additional money owed to you.
The insurance company is sending me to a doctor. Do I have to go?
It depends. If the doctor is inside the employer's Medical Provider Network (MPN), generally yes. If it's
a Qualified Medical Evaluator (QME) appointment scheduled under Labor Code 4062.2, generally yes. If it's
a "consultative exam" they're trying to use against you without following proper procedure, often no.
Don't go to any WC-related medical appointment without knowing what it's actually for.
Call us before you go.
What's a QME, and why does it matter?
A Qualified Medical Evaluator is a doctor who evaluates your injury and assigns a
permanent disability rating — which directly determines how much your case is worth. Some
QMEs historically assign low ratings; others are balanced. The law lets you strike one QME from a panel of
three. Making the right strike can literally double or triple the value of your claim. This is not a form
— it's a strategic decision. We make it for you.
What if my injury happened over time, not in one accident?
That's called cumulative trauma (CT). Back injuries from years of lifting, shoulder
injuries from repetitive motion, hearing loss, respiratory conditions — all can be CT claims. Employers
routinely deny CT claims as "not work-related" or "pre-existing." We handle CT cases regularly and know how
to build the medical and job-duty evidence required.
What if I was told I'm a 1099 independent contractor, so I don't qualify?
The employer's label doesn't determine whether you qualify — California law determines it,
and California uses strict tests (AB 5 and the ABC test) that classify many 1099 workers as employees. We
review the actual working relationship and often find that workers told they were "1099" were legally
employees all along — which means they have full workers' comp rights.
What happens if my condition gets worse after my case settles?
That depends on how your case was settled. A Stipulated Award keeps future medical
treatment open — if your condition worsens, the carrier still owes treatment and, in some cases,
additional PD. A Compromise & Release (C&R) closes future medical rights in
exchange for a larger lump sum. Choosing between them is one of the most consequential decisions in a WC
case, and it's exactly the kind of decision you want an attorney on.
Can I see my own doctor, or do I have to use the employer's?
If you predesignated a physician in writing before the injury, you can see your own
doctor. If you didn't predesignate, you're generally stuck in the employer's MPN for the first 30 days —
after which you can change doctors within the network. There are exceptions for emergency care and for
workers outside MPN coverage areas. We help you navigate this.
What if my employer's insurance denied my claim?
A denial is not the end — it's the start of litigation. We file an
Application for Adjudication of Claim with the WCAB, request a hearing, and fight the
denial through the medical-legal process. Many denied claims we take on end up with full benefits awarded.
If a carrier is denying your claim, call us today.
How long does a workers' comp case take?
Straightforward cases settle in 6–12 months. Complex cases with denied benefits, disputed AOE/COE, or
high-value PD ratings can take 18–24 months. Cumulative trauma and 132a retaliation cases often take
longer. We push every case as fast as the facts allow — but we never rush a settlement when waiting means a
bigger recovery.
What if I was injured driving for work?
Injuries sustained while driving for work (deliveries, site-to-site, running errands for the employer) are
generally covered under workers' comp. Commute injuries are generally not — with important exceptions
(company vehicles, special missions, etc.). This is a fact-specific area. Tell us what happened and we'll
tell you where you stand.
Can I get workers' comp and SSDI at the same time?
Yes, with an offset. Social Security Disability Insurance (SSDI) benefits get reduced when combined with
workers' comp so the total doesn't exceed 80% of your pre-injury earnings.
How your workers' comp settlement is structured dramatically affects the SSDI offset. We
structure settlements with the offset in mind to maximize your total recovery.
My employer says my injury isn't serious enough to file a claim. Is that true?
That's not their call. Any work-related injury that needs medical treatment beyond basic first aid, or
causes any lost time from work, is a valid claim. If your employer is telling you not to file, that's
often a sign they're trying to keep their insurance premiums down at your expense — and is
potentially retaliation under Labor Code 132a. Call us.
