How Does Workers’ Comp Work in California? 2025

When an employee suffers a work-related injury in California, they may be eligible for workers’ compensation benefits to pay for medical treatments and help cover lost wages. While this state-mandated system covers almost all employees, actually accessing benefits can be complex and overwhelming for someone recovering from a serious injury. This leaves many frustrated injured workers asking, “How does workers’ comp work in California?”

What Is Workers’ Compensation?

Workers’ compensation provides benefits to employees who have suffered job-related illnesses or injuries. This enables injured employees to pay for medical care and living expenses while they are recovering from their work-related incident.

Qualifying injuries can stem from a single incident, such as acute head trauma from falling on an unsafe surface. They can also arise from repeated exposure to hazardous working conditions, such as a worker who loses their hearing from daily exposure to loud noises. Work-related illnesses may also qualify. Even certain psychological conditions have led to successful workers’ compensation claims in the past.

All qualifying employers pay into a workers’ compensation insurance plan. Then, if one of their employees gets injured on the job, that employee can file a claim and receive financial benefits through that insurance policy. This system is overseen by the state, so the process is standardized, no matter who your employer or insurer is.

On its face, the workers’ compensation insurance system in California and other states seems straightforward. However, actually claiming these benefits is subject to various documentation requirements, deadlines, and procedural details. Understanding the process is crucial to filing these claims correctly. Then, you can promptly access all the benefits and payments to which you are legally entitled.

The Workers’ Compensation Process in California

The workers’ compensation claim process begins the moment someone is injured at work. Obviously, this is a stressful and traumatic situation, but the injured worker should already be thinking about protecting their rights and maximizing their workers’ compensation claim if they’re able. This is because their employer or insurer might already be thinking about how to minimize or deny such a claim.

Every workplace, every job, every injury, and every incident are unique, so it can be difficult to provide exact instructions for how to react after a workplace injury. However, there are a few main steps you’ll want to cover. If you get injured at work (or discover that your workplace has made you sick) here are the basic steps you will want to take in the immediate aftermath of the incident:

Report the Injury

Notify your employer as soon as possible after sustaining a work-related injury. Failing to correctly report an incident with your employer within 30 days can cause your claim to be dismissed entirely, so this step is absolutely essential.

Seek Medical Treatment

If your injury requires medical attention, seek emergency care as soon as possible. Even if you do not believe your injury is a medical emergency, you will want to see a doctor as soon as possible to document your injury (and that you sought treatment for it). This paperwork can provide key evidence when trying to support your claim in hearings, negotiations, or appeals.

Talk to Your Attorney

If you haven’t already notified an attorney about your situation, reach out to your workers’ compensation law firm of choice. Wiesner English, P.C., of San Jose is a premier law firm with a dedicated focus on California workers’ compensation cases. We take cases on a contingency fee, so you do not pay upfront fees for our services.

Obtain Your DWC-1 Form

In California, your employer must provide you with a DWC-1 claim form, so long as you have correctly reported your injury and intention to file a workers’ compensation claim. By law, they should do this within one business day of you reporting your injury. If your employer fails (or refuses) to promptly provide you with the necessary DWC-1 claim form, please contact your attorney or the California Department of Industrial Relations immediately.

File Your Workers’ Compensation Claim

At this point, it’s time to formally file the claim. Fill out the “employee” section of the DWC-1 form in its entirety, making sure all personal information is accurate and using factual, concise information about the details of the incident. You will return one copy of this form to your employer and keep another copy for your own records. If you have specific questions about items on the form, ask your workers’ comp lawyer for some hands-on assistance.

Await Employer/Insurer Response

Within 14 days of filing your DWC-1 with your employer, you should hear back from their insurance carrier about the status of your claim. If you receive a positive response or no response at all, you can simply sit back and wait to receive your benefits.

However, if you get denied or have other issues, this may be the start of a long process of appeals, hearings, negotiations, and legal motions to get you the benefits you rightly deserve. If you have been navigating the process without an attorney up to this point, you should hire one to handle these issues.

Once the above steps have been completed, you will start to receive your workers’ compensation benefits. Depending on the nature of your injury and the other unique factors regarding your case, you may obtain financial payments to cover a number of expenses and damages, such as:

• Reimbursement for medical care expenses
• Temporary or permanent disability payments
• Supplemental job displacement benefits (e.g., assistance with retraining expenses if you are unable to return to your former career)
• Death benefits (paid to dependents if an employee is killed in the course of their job duties)

FAQs

What Is the Process for Workers’ Comp in California?

The process for workers’ comp in California involves getting a DWC-1 claim form from your employer, filling it out correctly, returning it to your employer, and then waiting for a response from their insurance carrier. Within this relatively simple framework, there are many details and deadlines to consider. You can reach out directly to Wiesner English, P.C., for personalized advice for your own case.

Do You Get 100% Pay on Workers’ Comp?

No, you do not get 100% pay on workers’ comp. In California, the workers’ compensation benefit is typically ⅔ of a workers’ normal, pre-tax wage, but it is important to remember that every case is unique, and there are many factors involved. Speak to your attorney for an explanation of the total benefit amount that might be available in your unique circumstances.

What Are My Rights Under Workers’ Compensation in California?

Your rights under workers’ compensation in California include the right to:

• Receive medical treatment for job-related injuries.
• Partial wage replacement while recovering.
• Compensation for permanent and long-term disabilities.
• Appeal a denied claim.
• Be treated fairly by the workers’ comp system and your employer, regardless of your nationality, gender, age, race, religion, or other protected characteristics.

In fact, you have many important rights as a worker in California; these are just some major examples.

How Much Does California Workers’ Comp Pay?

California workers’ comp can pay a significant number of benefits. Because each case is unique, however, every workers’ compensation payout is the product of that claim’s various factors, such as the type and extent of the injury, the employee’s current wage, and whether the injury resulted in any long-term disabilities. Wage replacement typically pays ⅔ of your normal, pre-tax income, but many other financial benefits are also available under workers’ compensation.

Turn to Wiesner English, P.C., for Help With the California Workers’ Comp System

Wiesner English, P.C., has built a reputation as San Jose’s premiere workers’ compensation law firm, and we can put our knowledge of the system to work for you and your family. If you’ve been injured at work in California, reach out today to learn more about how we can assist you in seeking the maximum available workers’ compensation benefits.