In California, most employers must have workers' compensation insurance, a "no-faul" system providing benefits to injured workers while protecting employers from lawsuits.
To qualify for benefits, the injury must occur during employment. Each case is unique, but workers are generally entitled to specific benefits.
Expenses for medical care related to the injury are automatically covered in most cases, including examinations, surgeries, prescription medications, medical aid devices, such as crutches, braces, orthotics, rehabilitative care, physical therapy and other treatment.
Provides two-thirds of the average weekly wages of workers in that position until the employee is declared to medically able to return to work. Payment of these benefits is limited to two-years from the date of the injury.
Designed to compensate workers who suffer injuries that leave them unable to their job. The amount of the benefit depends on the nature of the injury, the workers' age and occupation, and a physician's analysis of the percentage of work potential that has been lost.
Provides two-thirds of the average weekly wages of workers in that position until the employee is declared to medically able to return to work. Payment of these benefits is limited to two-years from the date of the injury.
Designed to compensate workers who suffer injuries that leave them unable to their job. The amount of the benefit depends on the nature of the injury, the workers' age and occupation, and a physician's analysis of the percentage of work potential that has been lost.
If you were injured on the job, you are entitled to benefits under the California Workers' Compensation Act. That's the good news. The bad news is that navigating the workers compensation system can be complicated and claims are often denied. The California Trial Law Group aggressively fights for the rights of injured workers in the San Francisco Bay area and throughout the state of California. We are well versed in the worker's compensation rules and have a proven track record of helping our clients obtain the benefits they deserve.
These are the most common accidents, typically caused by wet or damaged floors, torn or uneven carpeting, poorly lit areas, or clutter and debris in walkways.
Bending and lifting, carrying and moving heavy items, such as boxes, furniture, tools and construction material can lead to a wide range of injuries.
Workers can be injured from vehicles and equipment that rollover, hit people, or tip over such as forklifts, cranes, and machinery.
Exposed wiring, chemicals, fires, burns and explosions can lead to catastrophic and fatal injuries.
Back and spinal cord injuries
Broken bones and fractures
Burns
Head and brain injuries
Hearing and vision loss
Knee injuries
Loss of limb
Muscle and ligament strain
Occupational illnesses
Repetitive stress injuries
Shoulder injuries
Wrist and hand injuries
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We do not make any representations regarding those companies.
Located in Albany, California, The California Trial Law Group serves clients in San Francisco, San Luis Obispo, Marin, Sonoma, Napa, Contra Costa, San Mateo, Santa Clara, Fresno, Kern, Yolo, Santa Cruz, Santa Barbara, Los Angeles, Riverside, San Bernardino, Oakland, Berkeley, Richmond, San Pablo, Pinole, Hercules, Walnut Creek, Orinda, Concord, Fremont, Hayward, Alameda, San Leandro, Onion City, & Vallejo, Orange and Sacramento Counties.
It is important to note that employees who are injured on the job are protected from discrimination. Under California Labor Code Section 132, it is illegal for an employer to fire, demote or retaliate against an employee in any way, for taking a leave of absence due to a work-related illness or injury or for filing a workers' compensation claim.
If you were injured on the job, you should immediately seek medical treatment and inform the treating physician that your injury or illness was job-related. You must also inform your supervisor in writing of the injury within 30 days of the accident. By failing to notify your employer in a timely fashion, you may forfeit your right to obtain benefits. It is also crucial to keep notes of your injury as well as records of any treatment you receive. Although the time limit to file a worker's compensation claim in California is one-year from the date of the injury or illness, you should call our office as soon as possible so we can start the process.
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What Our Clients Are Saying
I highly recommend Ike Kaludi and his team for anyone needing legal assistance in personal injury cases. Ike's extensive experience was evident and very helpful throughout the process. He was always ready to explain each step, discuss all possible outcomes, and provide examples from previous cases, which greatly aided my understanding and decision-making.
Our attorneys at California Trial Law Group handle workers' compensation cases on a contingency fee across California, approved by a workers' compensation judge, charging between 9% and 15% of your recovery. You pay nothing upfront, and our fee comes from your recovery rather than your pocket.
Suing your employer over a workers' compensation claim is rarely worth it and rarely even possible legally, because California's system trades your right to sue for guaranteed no-fault benefits regardless of fault. Exceptions apply when your employer is uninsured, causes intentional harm, or a third party's negligence contributed to your injury. We dispute denied or undervalued claims through the Workers' Compensation Appeals Board, not through a lawsuit.
You must file an Application for Adjudication of Claim with the Workers' Compensation Appeals Board to formally dispute the denial, within one year of the injury or denial. Confirm you reported the injury to your employer within 30 days and received a DWC-1 form, since missing that step is a common reason claims are denied.
You can file a civil lawsuit directly against an uninsured employer instead of filing a workers' compensation claim. California requires nearly all employers to carry workers' compensation coverage, and Labor Code Section 3706 removes the exclusive remedy protection when they fail to do so. The Uninsured Employers Benefits Trust Fund provides interim benefits in qualifying cases.
The 5-year rule lets you reopen a workers' compensation case within 5 years of your injury date if your condition worsens. California Labor Code Section 5410 permits a petition for new and further disability during that window. After 5 years, your case closes for good.
Do not lie about your accident, exaggerate your pain, hide a side job, post about your case on social media, or discuss your claim with others when talking to your workers' comp attorney, because hiding facts weakens your claim more than sharing them.
Attorney-client privilege protects everything you share with us. This caution about guarding your words applies to insurance adjusters and doctors, not to your own attorney.
