Understanding Workers’ Compensation In California (2026)
- Who Qualifies for Workers’ Compensation in California?
- How to Report a Workplace Injury & Submit a DWC-1 Claim Form
- Types of Benefits You Can Receive
- Deadlines & Statutory Time Limits You Must Follow
- What to Do if Your Claim Is Denied or Delayed
- Your Rights During the Claim Process
- The Importance of Legal Representation
Summary
- Workers’ compensation pays for medical care and lost wages
- After an injury, report it to your employer and file a DWC-1 form
- If your claim is delayed or denied, contact a lawyer
Usually, if you suffer an injury because someone else was negligent, you can consult a California personal injury lawyer. If you suffer an injury at work, recovering compensation works differently.
Like most other states, California has a workers’ compensation system. If your claim is approved, your medical care can be covered, and you may receive wage replacement benefits. If your claim is denied, you should contact a workers’ compensation lawyer.
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Who Qualifies for Workers’ Compensation in California?
California Labor Code requires businesses with at least one employee to carry workers’ compensation insurance. If your employer has workers’ comp coverage and you suffer an injury at work or a work-related illness, you may qualify for benefits.
How to Report a Workplace Injury & Submit a DWC-1 Claim Form
You must report the injury to your employer in writing within 30 days. From there, take the following steps:
- Download the DWC-1 claim form from the Department of Industrial Relations (DIR) website
- Fill out the “Employee” section
- Give the form to your employer
Your employer will then fill out their section and send the claim to the insurance company.
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Types of Benefits You Can Receive
Workers’ compensation in California covers the following benefits:
Medical Care
This is one of the most important workers’ compensation benefits in California (and everywhere else). If you’re injured while performing your job duties, it’s only fair that your employer should cover the cost of your medical bills.
As long as your claim is approved, your employer’s workers’ compensation insurance should cover all necessary, reasonable medical care.
Temporary Disability Benefits
Unless your work injury is extremely mild, you’ll probably need to take some time off work. This can easily lead to financial insecurity, so workers’ compensation will pay for partial wage replacement while you heal. In California, you can typically receive two-thirds of your average weekly wage.
Permanent Disability Benefits
Ideally, your injury will heal completely, and you’ll be able to return to work as normal. Unfortunately, some injuries lead to permanent disability. If this is your situation, you might be able to collect a lump sum workers’ comp settlement or ongoing benefits.
Supplemental Job Displacement Benefits (SJDB)
Sometimes, a work injury leads to a partial disability. Even if you’re unable to return to your current job, you might be able to switch careers. SJDB is meant to make that transition easier. If you were injured in 2013 or later, you may receive up to $6,000 in assistance.
The funds may be used for educational costs, certification exam fees, equipment purchases and other expenses.
Death Benefits
If your work injury or work-related illness is fatal, your family may struggle to cover your burial and funeral costs. If you were the primary breadwinner, they also may have trouble supporting themselves.
California’s workers’ compensation system includes death benefits to support the families of deceased workers. Generally, these benefits include up to $10,000 in burial and funeral expenses. They also include wage replacement benefits.
Deadlines & Statutory Time Limits You Must Follow
Workers’ compensation in California has two very important deadlines:
- Report your injury to your employer within 30 days
- File a workers’ compensation claim within one year
These deadlines are absolutely vital to the success of your claim. If you fail to meet one or more deadlines, there’s a very good chance that your claim will be voided, leaving you unable to collect benefits.
Even though you have 30 days to report your injury, reporting immediately is best. It establishes a clear timeline and also makes it more likely that you’ll receive your workers’ compensation benefits quickly.
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What to Do if Your Claim Is Denied or Delayed
If your claim is delayed or denied, you should contact a workers’ compensation lawyer right away. After a denial, you have 20 days to file a Petition for Reconsideration. If the denial was mailed to you, you have 25 days.
A lawyer can assist with your appeal. If your claim is delayed, your attorney can advocate for you to receive the benefits you deserve.
Your Rights During the Claim Process
You have the right to prompt medical care and the right to receive temporary disability payments if you’re unable to work. You also have the right to freedom from discrimination. If your rights are violated, you can file a complaint with the DIR.
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The Importance of Legal Representation
Not all workers’ comp claims are approved without incident. If you encounter problems, a work injury lawyer can increase your chances of recovering compensation.
ConsumerShield can help you connect with the right attorney. Fill out our form below for a free case review!
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Frequently Asked Questions
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The majority of states require most employers to carry workers’ compensation insurance. Notably, Texas does not.
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Most collect a contingent fee. This means you pay a pre-set percentage of your compensation if you win your case. If you aren’t awarded compensation, you pay nothing.
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No. Because workers’ compensation is a no-fault system, you don’t have to prove negligence on your employer’s part to collect benefits.