California Workers' Compensation: Fast Facts

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Coverage Requirements Under California State Law

Any business with one or more employees must have California workers' comp insurance.

Work-Related Injury or Illness Reporting Requirements

Notify your supervisor about your work-related injury or illness right away, preferably in writing. Then, California state law requires your employer to give you a copy of form DWC-1 within 24 hours. If you don't notify your employer within 30 days, you may lose your right to California workers' compensation benefits.

Where to Seek Medical Care

Your employer has the right to choose which doctor you see after your workplace incident. But if you need emergency care, seek that first from the closest hospital, emergency room or clinic.

Waiting Period for Lost-Wage Benefits in California

Your first 3 days off work are always unpaid unless you are off the job for at least 2 weeks. On the 15th missed day, you can get lost-wage benefits for those first 3 unpaid days you took off. Your employer's insurer must either approve or deny your workers' compensation claim within 90 days. If you don't receive a denial letter by then, the insurer must automatically approve your claim under California state law.

California Workers' Compensation Statute of Limitations

You must apply for California workers' compensation within a year of your injury accident or illness diagnosis date.

California Weekly Compensation Rate

You can receive 66 2/3% of the state's average gross (pre-tax) weekly wages for the current year while you recover. This figure changes every year and is subject to California's minimum and maximum benefit amount limits. You'll receive temporary total disability payments every other week until you can go back to work.

How Long You Can Receive California Workers' Comp Benefits

  • Medical benefits: up to $10,000 in medical bills
  • Death benefits: lump-sum payment of $10,000 for funeral and burial expenses and up to $320,000 in payments to the deceased's dependents
  • Temporary Total Disability (TTD): until you can return to work or reach maximum medical improvement
  • Temporary Partial Disability (TPD): until you can work again or reach maximum medical improvement
  • Permanent Partial Disability (PPD): Pay amount and duration varies depending on your degree of permanent disability.
  • Permanent Total Disability (PTD): unlimited

California Workers' Comp Coverage Exemptions

The following employees are automatically exempt from workers' compensation insurance coverage under California state law:

  • Amateur sporting event officials
  • Deputy clerks or sheriffs
  • Domestic workers
  • Federal workers
  • Independent contractors
  • Nonprofit recreational camp or ski patrol volunteers

California Workers' Compensation Attorney Fees

California state law says a workers' comp lawyer can only charge 9%-15% of your final award in legal fees. However, a judge must first approve the fee before they're legally allowed to charge you anything. If your case isn't successful, you owe your attorney $0.