California Workers' Compensation FAQ

Hiring us won’t cost you anything upfront. We work on a contingency fee basis, which means our fee is a percentage of the recovery we obtain for you. If we don’t win benefits or a settlement for you, you pay nothing. The initial consultation is free, and we advance all the costs of handling your case. Our fee comes out of the compensation we recover after we win – not from your pocket. This arrangement allows injured workers, regardless of financial situation, to have top-notch legal representation (In summary, you can afford a lawyer – you can’t afford not to have one, because going it alone could cost you far more in lost benefits).

Under California law, you should report your injury to your employer within 30 days of the incident (or of discovering a work-related illness) (DWC – I was injured at work). Failing to report within 30 days can jeopardize your claim, because the insurance can argue they weren’t given timely notice. After reporting, you technically have one year from the date of injury to file an official workers’ compensation claim (by submitting the DWC-1 claim form)  If it’s an occupational disease or cumulative trauma injury, the one-year clock may start when you realized (or should have realized) the condition was work-related.

That said, don’t wait. It’s best to start the process immediately. There are also some special extension rules in certain cases (for example, if your employer misled you or didn’t inform you of your rights, or for minors or mentally incapacitated workers), but those are exceptions. To be safe: report the injury right away and consult with an attorney. We will ensure all deadlines are met and paperwork is filed correctly. If you’re worried you missed the deadline, talk to us – depending on circumstances, you may still have options, especially for ongoing exposure injuries or if the employer failed to properly advise you of your workers’ comp rights.

Yes. Psychological injuries—including anxiety, depression, PTSD, or work-related burnout—can qualify for workers’ compensation in California. These claims are scrutinized more heavily, so legal help is essential.
We’ve helped many injured workers with mental health-related claims tied to toxic workplaces, trauma, and more.

Don’t panic. It’s frustrating to get a denial letter, but a denied claim can be appealed and often won. There are many reasons an insurer might deny a claim – some are just tactics to save money, hoping you won’t fight back. Common reasons include: questioning whether the injury is work-related, alleging you didn’t notify your employer in time, disputing the severity of your injury, or claiming no medical evidence of a serious injury. You have the right to challenge this denial through the Workers’ Compensation Appeals Board process.

Workers’ comp pays you temporary disability benefits when you’re unable to work, but it will not be your full wage. By law, temporary disability (TD) is generally two-thirds of your average pre-tax gross wages (up to a maximum cap that the state sets each year. For example, if you earned $900 per week, your TD might be around $600 per week (because that’s two-thirds of $900). There is also a minimum payment for very low-wage workers (so you’d get at least a certain amount). California also has a maximum weekly amount – high earners will be capped at that max. As of 2025, the maximum weekly TD is around $1,680, no matter how much more you earned

Although you will not be taking home 100% of your pre-injury paycheck, temporary disability benefits are not taxable, which helps a bit. These payments continue until one of a few things happens: either you return to work, a doctor says you’ve reached maximum improvement, or you hit the 104-week limit (in most cases) for temporary payments. If you can work with restrictions and your employer offers you modified duty at a lower pay, you might get partial disability payments to make up some of the difference. We know it’s tough to get by on 2/3 of your wage – one of our goals is to move your case forward efficiently so you can either get back to work or receive a settlement to help your finances. We also check the insurance company’s math: they must calculate your average wage correctly (including overtime, bonuses, second jobs if applicable, etc.). If they underpay you, we push back to get it corrected. Temporary Disability Benefits in California: How Much Will You Receive?

No – that is illegal. California Labor Code §132a specifically makes it unlawful for an employer to fire, threaten to fire, discriminate or retaliate against you because you filed (or even planned to file) a workers’ compensation claim. In plain language: your employer cannot punish you for getting hurt at work or for seeking benefits. This is a very important protection. Unfortunately, some unscrupulous employers still try to intimidate injured workers or even terminate them, citing other reasons. If you suspect retaliation, contact us immediately.

We will aggressively protect your rights. There are legal penalties we can pursue against the employer for a §132a violation – including reinstatement to your job, back pay, and increased compensation for you as a penalty to the employer. Additionally, if you’re fired while you have work restrictions, it might open up a separate wrongful termination or disability discrimination claim under employment laws. Our firm handles employment law issues (see Employment Law Overview), so we can advise on those aspects too. The key point: you should never be afraid to file a workers’ comp claim due to job security. The law is on your side and we will enforce it if your employer retaliates in any way.

Yes. All workers in California are generally covered by workers’ compensation, regardless of immigration status). You do not have to be a legal U.S. resident to receive medical care and compensation for a work injury. State law explicitly prohibits denial of benefits on the basis of citizenship or immigration status. Our firm has represented many undocumented or non-citizen workers – we make sure that their status is kept completely confidential and irrelevant to the case.

You have the same rights to workers’ comp as any other employee. Also, your employer cannot threaten to call immigration or take action against you for pursuing a claim – that would be a severe form of retaliation and illegal. If you’re undocumented and got hurt on the job, you can feel safe seeking our help. Our priority is your health and getting you benefits, not your immigration status.

For any on the job accident contact Lee Partners Law: Injury Attorneys right away for a free consultation to have us immediately get working on protecting your rights.

Lee Partners Law serves all of Southern California Including, but not limited to Los Angeles, Riverside, Ontario, Ventura, Inland Empire, San Diego, and Long Beach.

Every case varies depending on injury severity, treatment length, and complexity. Straightforward cases with minor injuries might resolve within a few months. More complex cases involving disputed claims or significant injuries typically take longer, often between one and two years or more. Our goal is always to efficiently manage your case, avoid unnecessary delays, and secure benefits as quickly as possible. We want to have you evaluated by as many doctors in as many specialties as possible to ensure no stone is unturned and no diagnosed is missed.

Yes. Workers’ compensation in California is a no-fault system, meaning it generally doesn’t matter if your actions contributed to the injury (with some limited exceptions, such as intoxication or intentional self-injury). Even if you believe you might have partially contributed to your injury, you’re still eligible for benefits. We’ll review your specific situation during your free consultation to give personalized guidance.

Generally, no. Workers’ compensation replaces your right to sue your employer directly for injuries, including claims for pain and suffering. However, if a third party (someone other than your employer, like another driver in an accident, a faulty equipment manufacturer, or contractor) contributed to your injury, you might have a separate third-party claim allowing damages beyond what workers’ comp covers, including pain and suffering. We handle these claims and can advise if one applies to you.

California law covers injuries caused or aggravated by your work—even pre-existing conditions. If your job significantly worsens your previous condition (such as arthritis, back injuries, or respiratory problems), you may be eligible for workers’ compensation benefits. Insurance companies often dispute these claims, making legal representation crucial to proving your case.

In California, workers’ compensation death benefits are paid to certain dependents when an employee dies due to a job-related injury or illness. Eligible dependents typically include a surviving spouse, children under 18 (or adult children who are disabled), and sometimes other family members who were financially dependent on the worker, like parents or grandchildren.

You may be entitled to up to $320,000 in compensation, plus burial expenses. Even if your loved one passed away weeks or months after the injury, you may still qualify. Every case is different — call us for a free consultation to find out your rights.

If you’ve been injured at work and your doctor determines that you have a permanent disability, you may be eligible for a benefit called the Supplemental Job Displacement Benefit (SJDB) — also known as the Workers’ Comp voucher. This benefit is designed to help you return to the workforce if your employer cannot offer you your regular job or modified work. This provides a number of vocational retraining benefits. To learn more: Don’t Miss Out on Your $6,000 Job Training Voucher

A cumulative trauma (CT) injury develops over time from repetitive work activities—such as typing, lifting, or standing for long periods. These injuries can affect the back, knees, hands, or even cause stress-related conditions.
Even if you can’t pinpoint one specific incident, you may still qualify for workers’ compensation.

Yes—if your job contributed to the event, you may qualify. Stress, long hours, extreme exertion, or unsafe conditions can all be factors. These are complex cases requiring detailed medical evidence, but we’ve successfully won them.