Do I need a lawyer for workers' compensation in California?

You may need a lawyer if your claim was denied, you have a permanent disability, your employer disputes your injury is work-related, you're not receiving appropriate medical care, or you're facing retaliation. For straightforward claims that are accepted, you may not need an attorney.

How much does a workers' comp lawyer cost in California?

California workers' comp attorneys work on contingency and fees are regulated by the Workers' Compensation Appeals Board. Typical fees are 10-15% of your permanent disability award, with a maximum of 15%. There are no upfront costs.

Can I sue my employer for a work injury in California?

Generally, workers' compensation is your exclusive remedy against your employer. However, you may have a personal injury lawsuit if a third party (not your employer or coworker) caused your injury, or in cases of intentional employer misconduct or lack of workers' comp insurance.

Do I Need a Workers' Comp Lawyer?

Answer 6 quick questions to get a personalized recommendation

What is the current status of your workers' compensation claim?

Denied - insurance company rejected my claim

Delayed - waiting over 90 days for a decision

Accepted but benefits seem inadequate

Haven't filed yet or recently filed

How severe is your work injury?

Permanent disability - can't return to my previous job or any work

Major injury - surgery required, extended time off work

Moderate injury - weeks of treatment and restricted duty

Minor injury - expected full recovery in days/weeks

Is your employer or their insurance disputing anything?

Yes - they say my injury isn't work-related

Yes - they claim I had a pre-existing condition

Yes - they disagree about how much disability I have

Yes - they're disputing my medical treatment needs

No disputes at this time

Are you receiving appropriate medical care?

No - treatment requests are being denied

No - forced to see an insurance-selected doctor I don't trust

Partially - some treatments approved, others denied

Yes - receiving the care I need

Have you experienced any retaliation at work?

Yes - terminated or laid off after filing claim

Yes - demoted, reduced hours, or given unfavorable assignments

Yes - pressure to return before fully healed or denied light duty

Some tension but no formal adverse action

No retaliation issues

Will you be able to return to your previous job?

No - permanent work restrictions prevent it

Uncertain - may need vocational rehabilitation

Yes, but with permanent restrictions

Yes - expecting full recovery and return

⚖️

You Should Hire a Workers' Comp Attorney

Your case involves serious complications that require legal expertise. A workers' comp attorney can fight denied claims, ensure you get proper medical care, protect you from retaliation, and maximize your disability benefits.

Find a Workers' Comp Specialist California DWC Resources

📋

You May Handle This Yourself

Your case appears straightforward. File your claim using DWC-1 forms, attend your medical appointments, and keep detailed records. Consider consulting an attorney if any issues arise.

California DWC Guide for Injured Workers Download DWC Forms

🤔

Consider a Consultation

Your case has some complexity that could benefit from professional guidance. Many workers' comp attorneys work on contingency.

Find an Attorney Read DWC Guide First

When to Hire a Workers' Compensation Lawyer in California

California has one of the most complex workers' compensation systems in the country. While straightforward claims may not require an attorney, many situations benefit significantly from legal representation.

Signs You Need a Workers' Comp Attorney

Situation	Why You Need Legal Help
Claim denied	Navigating the appeals process requires understanding complex regulations
Permanent disability	Ensuring accurate disability rating maximizes lifetime benefits
Pre-existing condition	Apportionment disputes can significantly reduce your benefits
Medical treatment denied	Utilization Review and IMR appeals are procedurally complex
Employer retaliation	Protected under Labor Code 132a with enhanced remedies
Third-party liability	May be able to pursue additional personal injury lawsuit

When You Might Not Need a Lawyer

Minor injury with expected full recovery
Claim accepted without dispute
Employer cooperative and providing benefits
Short-term temporary disability only
No permanent impairment expected

California Workers' Comp Benefits

Understanding what you're entitled to helps determine if you need help:

Temporary Disability (TD): Approximately 2/3 of your average weekly wage (up to maximum) while recovering
Permanent Disability (PD): Based on disability rating, can be substantial for severe injuries
Medical Treatment: All reasonable and necessary treatment related to your injury
Supplemental Job Displacement: Voucher for retraining if you can't return to your job
Death Benefits: For surviving dependents of workers killed on the job

How Workers' Comp Attorneys Are Paid

California regulates workers' comp attorney fees:

Contingency basis: No upfront costs, paid from your award
Fee limits: Maximum 15% for most cases, 12% for some settlements
WCAB approval: All fees must be approved by the Workers' Compensation Appeals Board
No fee if no recovery: If you don't receive benefits, you don't pay

Key Deadlines to Know

Report to employer: 30 days from injury (file sooner!)
Employer provides claim form: Within 1 day of learning of injury
File DWC-1 claim form: As soon as possible
Statute of limitations: Generally 1 year from injury date
Cumulative trauma: 1 year from when you knew or should have known injury was work-related

The Claims Process

Report injury to employer immediately
Employer provides DWC-1 claim form within 24 hours
Complete and return form (keep a copy)
Employer's insurance has 90 days to accept or deny
You receive medical treatment (up to $10,000 while claim pending)
Temporary disability paid for lost work time
Once condition stabilizes, permanent disability evaluated
Case settles or goes to hearing

Disputed Claims and Appeals

If your claim is denied or you disagree with any decision:

Application for Adjudication: Opens a case with WCAB
Declaration of Readiness: Requests a hearing
Medical-Legal Evaluations: QME or AME examinations
Trial before WCAB Judge: If case doesn't settle

Resources

Quick Legal Tools

Free calculators to help with your case:

📅