Workers Compensation

Here are some common questions regarding the California Workers Compensation system. The information contained in this section may differ depending on state Labor Codes and may not be applicable outside of California. This page is not intended to provide legal advice. If you have any questions regarding your injury, or specific rights under Workers' Compensation, you need to consult an attorney.

What is Workers Compensation Insurance?

  • Insurance employers purchase to cover work place injuries.

What should you do if you are injured while at work?

  • First notify your employer and request that the compensation insurance carrier be notified.

  • Ask your employer to refer you to a doctor. In California, the employer can "control" your medical treatment for the first 30 days. This means that your employer can determine what doctor you will treat with. After this time has run out, you have the right to change doctors.


  • At the first appointment, tell the doctor exactly how the injury happened, and all parts of your body that are hurting. Be sure the doctor documents all your complaints. If a complaint is not reported to the insurance carrier, it could impact your ability to recover benefits later on.


  • Make sure you keep your doctor appointments. Failure to do so could affect your right to collect benefits. Also, keep your employer and the representative from the insurance company updated on your treatment. Doctors do not always give prompt updates. You do not want to risk having your benefits suspended.

Are you covered under Workers Compensation when you are away from your employer's location when the injury takes place?

  • Depending of the facts surrounding the injury, you may or may not be covered under Workers' Compensation. For instance, if you are injured while travelling for your employer, you are most likely covered, whereas if you are injured while on a break, you are most likely not covered. If you are not sure, you need to consult with an attorney.

What if you re-injure a part of your body?

  • If you are injured on the job you have the right to collect benefits. A pre-existing condition will not affect your rights to obtain medical treatment or disability payments. It may affect your right to permanent disability and retraining.

What if you or a co-worker caused the injury?

  • Workers Compensation is a no fault system. As long as you are not filing a fraudulent claim, or have not deliberately caused the injury, you are entitled to benefits no matter whose actions caused the injury.

What if the injury was caused by someone you do not work with, or by a product or machine?

  • If a person you do not work with caused the accident, or the injury was caused by a malfunctioning product or machine, you are still entitled to Workers' Compensation benefits. In addition, you may have grounds to recover damages from the other party not covered by Workers' Compensation. You should consult an attorney if you believe someone other than a co-worker caused the accident.


  • Be sure your attorney knows you have received compensation benefits, since under California Law you may have to reimburse your employer for the benefits received under Workers' Compensation.


  • Unlike Workers Compensation, civil lawsuits are fault based. Depending on the facts surrounding the injury, if you or a co-worker caused the injury, this fact will reduce your potential recovery.

What benefits are you entitled to under Workers' Compensation?

  • First, you are entitled to medical care under Workers Compensation. If the doctor determines that you can no longer work your current job, you may be entitled to disability payments.


  • At some point, the doctor will write a "permanent and stationary" report, and provide a "rating". You may then be entitled to permanent disability payments.


  • Lastly, if the doctor determines that you can no longer work at your current job, you may be entitled to rehabilitation, or training for a new job.

Do you need a lawyer?

  • This is a decision you need to make depending on your situation. If you are satisfied with the treatment you are receiving by your employer and the doctor, then you may not require counsel. However, if you have any questions or concerns, you should see an attorney. Most lawyers will provide a free consultation. You can then decide whether you require formal representation.


  • Remember that attorney fees under California Workers Compensation laws are set by statute.