California Workers' Compensation Claim Guide
At Pacific Workers', The Lawyers for Injured Workers, we believe that an informed worker is an empowered one. That’s why we put together this practical guide to give California workers straightforward, plain-language answers to some of the most common questions and issues that come up in a workers' comp claim. Whether you were just injured and are not sure what to do next, or you are trying to understand a process you are already in the middle of, check out our handy guide pages.
- What to Do in the First 24 Hours After a Work Injury — The steps you take immediately after a workplace injury can have a lasting impact on your health and your claim. This page walks you through what to do and what to avoid in that critical first window of time.
- How to File a Workers' Comp Claim in California — Filing a workers' comp claim involves specific forms, deadlines, and procedures. This page is the foundational guide that every new claimant should read.
- How Long Does a Workers' Comp Case Take? — One of the most common questions injured workers ask is how long all of this will take. This page breaks down the typical timeline and the factors that can affect it.
- What is a QME and How Do I Prepare? — A Qualified Medical Evaluation can play a major role in your claim. This page explains what a QME is, why it matters, and how to approach it.
If you have questions that go beyond this guide, or you already know that you want legal counsel for a workers’ compensation claim in California, our team is always here to help. Call (888) 740-6434 to schedule a free case consultation.
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They care, and they help injured workers!
“They care, and they help injured workers!”
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I'll recommend him always.
“I'll recommend him always.”
Bernadette L Mixon
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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
Johnny
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Communication is extremely important, and that has been A+ since the beginning!
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Communication is extremely important, and that has been A+ since the beginning!
”Brandon Colbert
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Highly Recommend Pacific Workers’ Lawyers
“Highly Recommend Pacific Workers’ Lawyers”
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
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Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?
Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced California workers' comp lawyers will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
