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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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
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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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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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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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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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How Is Workers’ Compensation Calculated for Seasonal Workers?
Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.
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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
