Workers Compensation

Workers’ compensation provides benefits to employees who suffer job-related injuries or illnesses. It covers medical care, wage replacement, rehabilitation, and death benefits, regardless of fault.

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  • Everyday Situations Covered by Workers’ Compensation
    • Injuries caused by accidents at work (e.g., slips, falls, machinery accidents)
    • Occupational illnesses related to workplace exposure (e.g., lung disease, repetitive strain injuries)
    • Injuries from work-related travel or job duties
    • Aggravation of a pre-existing condition caused by work activities
    • Key Points
      • Applies to most employees injured or becoming ill due to work conditions
      • Benefits include payment of medical bills, temporary disability benefits, permanent disability benefits, and vocational rehabilitation
      • Injuries must be reported promptly to the employer and a claim filed with the workers’ compensation insurance carrier

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  • Top Laws to Know Related to Workers Compensation

    California Workers’ Compensation Act

    • Governs how workers’ compensation claims are filed, processed, and paid in California 
    • Requires most employers to carry workers’ compensation insurance for their employees  Labor Code § 3700
    • Establishes benefits such as medical care, temporary disability payments, permanent disability payments, vocational rehabilitation, and death benefits for dependents
    • Provides a formal claims process and dispute resolution through the California Division of Workers’ Compensation (DWC)
    • Protects employees from retaliation for filing a workers’ compensation claim (Labor Code § 132a)
    • More info: California Division of Workers’ Compensation (DWC)

    Reporting Requirements

    • Employees must notify their employer as soon as possible, ideally within 30 days of the injury or illness being discovered (Labor Code § 5400)
    • Employers are required to report the injury to their workers’ compensation insurance carrier within 5 days of being notified (Labor Code § 6409.1)
    • Failure to report can delay or jeopardize benefits

Workers: Your Rights

  • The right to prompt and necessary medical treatment for your work-related injury or illness
  • The right to receive temporary disability benefits if you cannot work while recovering
  • The right to vocational rehabilitation services if you cannot return to your previous job due to injury
  • The right to permanent disability benefits if your injury results in lasting impairment
  • The right to return to work accommodations when medically feasible
  • The right to file a claim or appeal a denied claim with the California Division of Workers’ Compensation
  • The right to protection from retaliation or discrimination for filing a claim
  • Review the Injured Worker Guide here provided by the State

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  • File a Workers Compensation Complaint

    You are able to file a complaint at the following agencies:

    California Division of Workers’ Compensation (DWC)

    • Website: https://www.dir.ca.gov/dwc/
    • Phone: 1-800-736-7401
    • 7575 Metropolitan Drive, Suite 202
      San Diego, CA 92108-4424

Employers: Responsibilities, Best Practices, and Resources

  • Employers must provide employees with workers’ compensation benefits for job-related injuries or illnesses, including coverage for medical treatment, temporary or permanent disability payments when applicable, and protection from retaliation for filing a claim. 
  • Employers are required to report workplace injuries promptly and cooperate with the claims process.

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  • Required by Law
    • Provide and maintain workers’ compensation insurance coverage for all employees
    • Report all workplace injuries and illnesses to the insurance carrier promptly
    • Maintain injury and illness logs as required by Cal/OSHA and other regulations
    • Post the “Notice to Employees” about workers’ compensation rights and insurance carrier information where employees can see it
  • Best Practices
    • Develop a return-to-work program to help injured employees reintegrate when medically appropriate
    • Train supervisors and HR staff on injury prevention and workers’ compensation procedures
    • Keep detailed records of workplace injuries and incidents to identify trends and prevent future accidents
    • Maintain good communication with injured employees and medical providers to support recovery
    • Partner with your insurance carrier and Cal/OSHA Consultation Services for safety and claims management
  • Employer Resources
    • California Department of Industrial Relations Division of Workers’ Compensation Employer Page for resources.

Disclaimer: This guide is for educational purposes only and is not legal advice. Laws may not apply to all employment situations or jurisdictions. For guidance on your specific case, consult an attorney, labor rights organization, or government agency..