How to Maximize Your Workers’ Compensation Settlement in California? 2025

Thanks to California’s comprehensive labor laws, every employer in the state is required to provide their employees with workers’ compensation benefits. You never know when something could happen in the workplace that requires you to take time off to recover. Accidents happen in every profession, and some professions are more dangerous than others. You may want to know how to maximize your workers’ compensation settlement in California.

The legal team at Wiesner English, P.C. can help you put together a comprehensive plan to ensure you get the most out of your workers’ comp settlement. After all, the last thing you want is to be injured at work and end up receiving significantly less compensation than you rightly deserve. With an experienced lawyer’s help, you can have everything you need to make sure your workers’ comp settlement is as maximized as it can possibly be.

Workers’ Compensation in California

The U.S. Bureau of Labor Statistics reported that there were 363,900 nonfatal workplace illnesses or injuries reported by private industry employers in California in 2023. This incidence rate is 3 per 100 full-time workers compared to the national rate of 2.4 workers.

California labor laws require all employers in the state to carry workers’ compensation insurance in the event that one of their employees suffers an accident on company grounds or on company time. Maintaining workers’ comp insurance provides employees with the peace of mind that they will be taken care of if they are injured at their workplace. Workers’ comp in California also includes death benefits for family members if a work-related death occurs.

When you suffer an injury at work, your employer must submit certain documentation to their insurance carrier so that you get your proper benefits in a timely manner. This includes a claim form and a notice of potential eligibility for benefits. If your employer fills out the proper documentation and is honest about what happened to you, there is no reason you shouldn’t receive your benefits. California’s no-fault system ensures workers’ comp for all injured employees.

How to Maximize Your Workers’ Compensation Settlement in California

Because workers’ comp is a safety net for employees, designed to cover lost wages and other costs, including medical bills, you should take measures to ensure that your workers’ compensation settlement is maximized. Here are some of the many ways to develop a strong workers’ comp case:

• Hire a lawyer: To get the most out of your workers’ comp settlement, consider hiring a knowledgeable attorney to support you through the process. Securing your benefits can sometimes be trickier than expected, especially if delays or disputes arise. Your lawyer can help you build a solid case and guide you every step of the way.
• Report your injury immediately: You should report your workplace injury as soon as it occurs. Make sure everyone knows what happened and when, particularly your employer. The longer you wait to report the injury, the greater the chance that your claim will be denied or that receipt of your benefits will be delayed. Immediate reporting can also help you get any needed medical care more quickly.
• Keep detailed records: As soon as you are injured in the workplace, you should start documenting every interaction you have with your employer, coworkers, hospitals, and insurance carriers. Document how your injury is affecting your daily life and your work performance. Be completely honest about what you are going through. The more documentation you have, the stronger your case can be.

Injuries can happen anywhere. Some workplaces, including the factories of Northrop Grumman Aerospace International or Tesla Motors, may be more dangerous than others, but it’s important to protect yourself and be mindful of your surroundings in any environment. Even the University of California, the biggest employer in the state, can be the site of a workplace injury, so it’s always important to take precautions.

FAQs

How Do You Get the Most Out of Your Workers’ Comp Settlement?

To get the most out of your workers’ comp settlement, you should first find a workers’ comp lawyer. They can give you solid advice, help you work out a plan, and make sure you keep detailed documentation of your entire journey from injury to negotiations. Your attorney can negotiate on your behalf and ensure that you are not taken advantage of.

Does Surgery Increase Workers’ Comp Settlements in California?

Yes, surgery can increase a workers’ comp settlement in California. If you are required to undergo surgery as a result of your workplace injury, the amount you may receive in workers’ comp can increase due to your higher medical costs, longer recovery times, prolonged rehabilitation, and possible permanent disability. Payouts largely depend on the details and factors of each unique case.

What Is the Average California Workers’ Comp Settlement?

There is no telling what the average California workers’ comp settlement might be. Every workers’ comp case is different, with each case having its own contributing factors that influence how much you receive in a settlement. The amount can vary depending on the severity of your injury, the cost of your medical expenses, and how much you lose in wages because of your recovery.

What Shouldn’t You Say to a Workers’ Comp Adjuster?

There are numerous things you shouldn’t say to a workers’ comp adjuster, as the last thing you want to do is jeopardize your claim. Above all, you should never admit fault for the accident. Even if you suspect that the accident was your fault, admitting fault can hurt your claim. You should not downplay or exaggerate your injuries, either. Be totally honest about everything you are dealing with.

Reach Out to a Workers’ Comp Lawyer Today

Pursuing your workers’ comp benefits can be more difficult than you might anticipate. Frequently, unexpected challenges pop up along the way. Keeping detailed records of your situation can make things a lot easier once you bring in an experienced attorney to help you obtain your settlement.

The legal team at Wiesner English, P.C. is here to guide you through the workers’ comp process, ensuring that you are treated fairly and that no one—including your employer or the insurance company—takes advantage of your situation. Contact us to connect with someone on our team about a consultation.