Every employee in California deserves a safe workplace and the assurance that if an injury occurs, they will receive the medical care and financial support they need to recover.Unfortunately, many workers find the workers’ compensation system confusing, delayed, or even adversarial.
If you’ve been hurt on the job—whether through a sudden accident, repetitive stress injury, or occupational illness—you have important legal rights under California law. The workers’ compensation system is designed to provide medical care, wage replacement, and disability benefits to injured workers, regardless of fault.
At Bakh Law Group, PC, we represent injured workers throughout California, helping them navigate complex claims, secure the benefits they deserve, and explore all available legal remedies—including potential third-party claims when someone other than your employer may be responsible.
Generally, you have one year from the date of injury to file a claim with the Workers’Compensation Appeals Board. However, other deadlines apply — such as the 30-day notice rule to your employer.
For third-party personal injury claims, the statute of limitations is typically two years from the date of injury. Because multiple timelines may apply, consulting an attorney early ensures that no deadlines are missed.
While workers’ compensation provides limited benefits, it does not allow recovery for pain and suffering or full wage losses. However, if a third party (someone other than your employer or co-worker) contributed to your injury, you may have a separate civil lawsuit.
Examples of potential third-party claims include:
These claims can be pursued in addition to your workers’ compensation benefits, allowing for recovery of full damages, including pain and suffering.
All reasonable and necessary medical treatment is covered, including hospital visits, surgery ,medication, therapy, and transportation to medical appointments. There are no deductibles or copays.
If your doctor determines you cannot work while recovering, you may receive temporary disability payments equal to two-thirds of your average weekly wages, subject to statutory limits.
If your injury leaves you with lasting impairment, you may receive permanent disability compensation, calculated based on your disability rating, age, and occupation.
If you cannot return to your prior job, you may qualify for a voucher worth up to $6,000 to pay for retraining or education for a new career.
If a worker dies as a result of a job-related injury or illness, their dependents are entitled to death benefits, including burial expenses and ongoing financial support.
California’s workers’ compensation system covers virtually all injuries and illnesses that arise out of or occur during employment, including:
You are covered whether the injury occurred suddenly or developed over time—as long as your employment contributed substantially to the condition.
You must notify your employer of your injury as soon as possible—ideally in writing.California law requires reporting within 30 days of the injury or from the date you discovered that your illness or condition was caused by your work. Failure to report on time can jeopardize your claim.
You have the right to receive medical care immediately. Your employer must provide you with a claim form (DWC-1) within one working day of being notified. Once you file this form, your employer’s insurance company is obligated to authorize up to $10,000 in medical treatment while your claim is under review.
If your employer has a Medical Provider Network (MPN), you must select a treating physician within that network. If not, you may have the right to choose your own doctor after 30 days.
Your employer will submit your claim to their workers’ compensation insurance carrier, who will investigate and determine whether to accept or deny it. You should receive a written response from the insurance company within 14 days.
Document all medical visits, expenses, and communications with your employer or their insurer.Keep copies of your DWC-1 form, wage records, and any correspondence related to your injury.
If your claim is delayed, denied, or undervalued, an experienced attorney can file for a hearing with the Workers’ Compensation Appeals Board (WCAB), obtain independent medical evaluations, and ensure your benefits are properly calculated.
You may file a civil law suit against the third party for full damages, including pain and suffering — in addition to receiving workers’ comp benefits.
Yes, depending on your restrictions and whether you’re earning less than before the injury.
You may settle your claim in one of two ways: a Stipulated Award (ongoing benefits) or a Compromise & Release (lump-sum payout). Your attorney will help determine which is better for you.
Once your condition stabilizes, your doctor will assign a permanent disability rating, which determines your final benefits.
You are still entitled to benefits. The system is no-fault, though certain conduct (e.g.,intoxication or fighting) may disqualify you.
Yes, if caused primarily by job conditions or traumatic events at work. These cases often require strong medical documentation.
Your dependents can file for death benefits, including burial costs and weekly support payments.
If your claim is accepted, benefits typically begin within 14 days of reporting. Disputed claims may take longer and require legal representation.
Not against your employer. Workers’ comp is the exclusive remedy, but you may sue other negligent parties.
Gradual or cumulative injuries are covered. The claim timeline starts when you first knew or should have known the injury was work-related
True independent contractors are generally not covered, but many workers misclassified as“contractors” actually qualify as employees.
You can file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF), which pays benefits when employers fail to carry coverage.
If you were driving for work (not commuting), you are covered. You may also have a separate third-party auto claim against the other driver.
Generally, no. Workers’ compensation is your exclusive remedy against your employer.However, you may sue other third parties who contributed to the injury.
If your claim is under investigation, the insurance company must still authorize up to $10,000 in medical treatment and may owe temporary disability benefits once the claim is accepted.
No. Retaliation is illegal under California Labor Code §132a. You may have additional claims if your employer retaliates or discriminates against you.
Permanent disability is based on a rating system that considers your medical impairment, occupation, and age. The higher the rating, the greater the compensation.
You may receive partial temporary disability benefits to cover the difference between your pre-injury and post-injury earnings.
Generally, you’ll receive two-thirds of your average weekly wages, up to the statutory maximum set annually by the state.
You can appeal the denial through the Workers’ Compensation Appeals Board. An attorney can represent you and present medical evidence supporting your claim.
If your employer has a Medical Provider Network (MPN), you must use one of their doctors initially. If they don’t, you may select your own doctor after 30 days.
If your employer won’t cooperate, you can file directly with the Division of Workers’ Compensation and contact an attorney immediately.
Failure to report within 30 days may result in denial of benefits unless you had a valid reason, such as delayed symptoms or lack of awareness that the injury was job-related.
You must report your injury to your employer within 30 days of the incident or from the date you realized it was work-related.
No. California’s system is “no-fault.” You qualify as long as the injury arose out of and in the course of employment.
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At Bakh Law Group, we’ve handled thousands of personal injury and car accident cases throughout California. We understand the nuances of negligence law, insurance tactics, and the courtroom strategies that lead to successful outcomes.
We handle all cases on a contingency fee basis, meaning you pay nothing unless we win.
If you’ve been injured in a car accident anywhere in California, call Bakh Law Group, PC for a free consultation. We’ll review your case, explain your rights, and help you secure the compensation you deserve.
Bakh Law Group, PC
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