Concord Workers’ Compensation Attorneys

The state of California mandates that all employers with at least one employee must provide workers’ compensation insurance for all employees, including full-time, part-time, and seasonal workers. There are very few exceptions to this rule. In fact, when discussing who qualifies for workers’ compensation in California, it is actually easier to consider who is not eligible for benefits.

The following types of California workers do NOT qualify for workers’ compensation:

• Independent contractors
• Individuals who work for aid rather than wages
• Domestic workers who are related to their employers
• Certain volunteers
• Deputy sheriffs and deputy clerks
• Student-athletes participating in amateur events
• Amateur sports officials

Although this is not an exhaustive list, very few other workers are not covered by the California workers’ compensation system. Generally speaking, if you are an employee and are injured at work or while carrying out activities related to your employment, you are most likely eligible to seek benefits.

The purpose of the workers’ compensation system is to allow individuals who are injured at work or develop medical conditions due to their employment to recover monetary benefits to aid with the various financial losses associated with their injury or illness. Because it is a no-fault system, you do not need to prove that your employer (or anyone else) was negligent or otherwise at fault for your work-related injury; you simply need to prove that the injury or illness is somehow related to your work. In exchange, you are generally not permitted to sue your employer after a workplace accident or injury except in very rare and specific circumstances.

In California, eligible employees may be able to recover the following workers’ compensation benefits:

• Medical Care: Workers’ compensation pays for all medical expenses related to treating your work-related injury or illness, including initial emergency treatment, hospitalization, surgery, therapy, rehabilitation, medications, medical equipment, and other ongoing costs. Medical care benefits also cover mileage to and from doctors’ appointments/treatments.
• Temporary Disability: When an employee cannot return to work temporarily following a job-related accident, injury, or illness, workers’ compensation pays temporary total disability (TTD) benefits. These benefits are calculated at two-thirds the injured employee’s average weekly wage and are limited to 104 weeks (within 5 years) following the date of injury.
• Permanent Disability: Injured employees may be eligible for permanent partial disability (PPD) and/or permanent total disability (PTD) benefits if their work-related injuries/illness result in permanent impairment. PPD and PTD benefits are calculated based on the employee’s “impairment rating,” among other factors.
• Supplemental Job Displacement: Also known as “vocational rehabilitation” benefits, supplemental job displacement benefits are available when an employee is no longer able to work at his or her previous employment after reaching “maximum medical improvement” (MMI). Eligible employees may receive a voucher for up to $6,000 for retraining costs.
• Life Pension: Employees who are severely but not totally disabled, meaning they are given an impairment rating of 70 – 99%, may be entitled to life pension payments through the workers’ compensation system. Eligible employees will receive a small supplemental payment weekly for the remainder of their lives.

Additionally, when an employee dies due to a workplace accident or job-related injury or illness, their surviving spouses and/or dependents may be eligible to receive death benefits through the California workers’ compensation system. Benefits include costs associated with funerals/burials, as well as lost income, wages, earnings, and other employment benefits.

What If My Workers' Comp Benefits Were Denied?

It is a frustrating reality: insurance companies often deny valid claims to protect their bottom line. Common reasons for denial include claims that the injury wasn't work-related, "lack of medical evidence," or missed filing deadlines.

If you receive a Notice of Denial, do not give up. You have the right to appeal the decision through the Workers' Compensation Appeals Board (WCAB).

The Appeals Process:

1. File an Application for Adjudication of Claim: This formally opens a case with the WCAB.
2. Request a Hearing: We file a "Declaration of Readiness to Proceed" to get your case in front of a judge.
3. Mandatory Settlement Conference (MSC): A judge will attempt to help both parties reach a settlement.
4. Trial: If no settlement is reached, your case will go to trial before a Workers' Compensation Administrative Law Judge.

Having a Concord workers' compensation lawyer by your side during this process is critical. We gather the necessary medical evidence, cross-examine experts, and ensure your voice is heard in court.

Workers' Comp Claim FAQs

Can I see my own doctor?

In most cases, you must see a doctor within the insurance company’s Medical Provider Network (MPN). However, if you "pre-designated" your personal physician in writing before the injury occurred, you may be able to see them instead.

Can I be fired for filing a workers' comp claim?

No. California Labor Code Section 132a makes it illegal for an employer to punish or fire you for filing a claim. If this happens, you may be entitled to increased compensation and reinstatement.

How much does a workers' compensation lawyer cost?

At Pacific Workers', The Lawyers for Injured Workers, we work on a contingency fee basis. This means there are no upfront costs, and we only get paid if we successfully recover a settlement or award for you. Fees are typically set by a judge and are usually around 15% of your settlement.

What is "Maximum Medical Improvement" (MMI)?

MMI is the point where your condition has stabilized and is not expected to get significantly better or worse, even with further treatment. At this stage, your permanent disability rating is determined.

How Can an Attorney Help My Workers’ Comp Case?

Even if you qualify for workers’ compensation benefits, actually getting those benefits can be difficult. Many claims are denied, delayed, reduced, or cut off by insurance companies trying to save money. Even simple claims can feel confusing and overwhelming—especially when you’re focused on medical treatment and healing.

Here’s what our Concord workers' comp attorneys can do for you:

• Help you if your employer won't cooperate
• Prove your claim
• Deal with insurers
• Explains your benefits

In short, our team can protect your rights, handles the legal process, deal with the insurance company, and help you focus on recovery. If your claim is denied, delayed, or disputed, having a lawyer can make a significant difference in the outcome of your case.