Workers’ compensation is different from a typical personal injury claim — it’s a no-fault system, meaning you don’t have to prove your employer did anything wrong to get benefits, but in exchange, you generally can’t sue your employer for pain and suffering the way you could in a standard injury lawsuit. Understanding how the system works, and when you might have additional options outside of it, can make a real difference in what you recover.
What Workers’ Compensation Covers
- Medical treatment related to your work injury
- Temporary disability payments while you’re unable to work
- Permanent disability payments if you don’t fully recover
- Supplemental job displacement benefits (retraining) in some cases
- Death benefits for dependents, if a worker is killed on the job
Workers’ comp does not pay for pain and suffering, and it doesn’t require proving your employer was negligent — you’re generally covered for any injury that arose out of and in the course of your employment.
Key Deadlines
- 30 days to report your injury to your employer, in writing, from the date of injury or from when you learned it was work-related.
- One year to file your workers’ compensation claim after the injury, under Labor Code § 5405.
- Your employer must provide you a DWC-1 claim form within one working day of learning about the injury.
The Exclusive Remedy Rule — and Its Exceptions
California’s “exclusive remedy” rule generally means workers’ comp is your only recourse against your employer for a workplace injury. But there are important exceptions, including:
- Third-party claims — if someone other than your employer or a coworker caused your injury (a subcontractor, equipment manufacturer, or negligent driver, for example), you may have a separate personal injury lawsuit in addition to your workers’ comp benefits.
- Uninsured employers — if your employer illegally failed to carry workers’ comp insurance, you may be able to sue them directly.
- Intentional harm — if your employer intentionally caused your injury or knowingly exposed you to a serious, concealed hazard.
Frequently Asked Questions
Can I be fired for filing a workers’ comp claim? No. California law prohibits retaliation against employees for filing a legitimate workers’ compensation claim. What if a third party caused my work injury, not my employer? You may be able to pursue both a workers’ compensation claim and a separate personal injury lawsuit against that third party, which can include compensation for pain and suffering that workers’ comp doesn’t cover. How long do I have to file a claim? Report your injury to your employer within 30 days, and file your formal claim within one year, under Labor Code § 5405. What does it cost to hire a workers’ compensation lawyer? We work on contingency: no fee unless we win. If you’ve been injured on the job in Los Angeles or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
