Workers' Compensation in California
California's workers' compensation system provides benefits to employees who are injured or become ill due to their job. Nearly all California employers must carry workers' compensation insurance. The system is no-fault — employees receive benefits regardless of who caused the injury. The Division of Workers' Compensation (DWC) oversees the system.
Frequently Asked Questions
What benefits does workers' compensation provide?
Workers' compensation provides: medical treatment for your injury or illness (no copay or deductible), temporary disability benefits (about two-thirds of your wages while you recover), permanent disability benefits if you don't fully recover, supplemental job displacement benefits (vouchers for retraining if you can't return to your job), and death benefits for dependents of workers killed on the job.
How do I file a workers' compensation claim?
Report your injury to your employer as soon as possible. Your employer must give you a claim form (DWC-1) within one working day. Complete and return the form to your employer. Your employer then has one day to forward the claim to their insurance company, which must authorize up to $10,000 in medical treatment within one day of receiving the claim. The insurer has 90 days to accept or deny the claim.
Can I choose my own doctor for a workers' comp injury?
You may predesignate your personal physician before an injury occurs by notifying your employer in writing. If you have not predesignated, you may be treated by a doctor in your employer's Medical Provider Network (MPN) for the first 30 days. After 30 days, you can switch to a doctor of your choice. If your employer does not have an MPN, you may choose your own doctor after the first 30 days.
Can my employer fire me for filing a workers' comp claim?
No. Labor Code § 132a makes it a misdemeanor for an employer to discriminate against an employee for filing or intending to file a workers' compensation claim. If you are terminated, you may be entitled to reinstatement, back pay, increased compensation, and costs and expenses up to $10,000.
What if my workers' comp claim is denied?
If your claim is denied, you have the right to request a hearing before a Workers' Compensation Administrative Law Judge (WCALJ). You should consult a workers' compensation attorney, as they work on contingency (no upfront fees). You can also contact the DWC Information and Assistance Unit for free help understanding your rights and the dispute process.
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