Workers' Compensation
Attorney in California

Falls, struck-by accidents, motor vehicle collisions in company vehicles, lifting injuries, equipment failures. Cover the date, the mechanism, and the body parts injured — this is the foundation of every claim.

Carpal tunnel, back pain from years of lifting, hearing loss from factory noise, repetitive strain injuries. Covered under Labor Code § 5412 when the worker first connects symptoms to the job — the statute of limitations starts then, not at the first day of exposure.

Asthma from chemical exposure, occupational cancer (mesothelioma, certain leukemias), hepatitis from healthcare exposure, occupational stress, COVID-19 contracted at qualifying workplaces under SB 1159.

Workers with prior back, knee, or shoulder injuries who suffer new work injuries that worsen the condition. Apportionment (§ 4663) applies — but the new work injury is still compensable for its share of disability.

PTSD, anxiety, and depression caused predominantly by work events — violent assault, witnessing a fatal accident, sustained harassment, or first-responder repeated trauma exposure. Held to a higher 'actual events of employment' standard but fully compensable when met.

Surviving dependents (spouse, children, and other supported relatives) can file a death benefits claim under §§ 4700–4709, with benefits ranging from $250,000 for one dependent to $320,000 for three or more, plus burial expenses up to $10,000.

You must notify your employer in writing within 30 days of a work injury. Late notice doesn't always bar a claim, but it gives carriers a strong defense — file the DWC-1 form even if it's past 30 days.

Your employer must give you a DWC-1 claim form within one working day of learning about your injury. Many employers don't — request it in writing if it's not handed to you.

One year from injury date for specific injuries. For cumulative trauma and occupational illness, the clock starts on the date you first knew (or reasonably should have known) the injury was work-related — often years after the exposure began.

Temporary disability is two-thirds of your average weekly wage, subject to statutory minimums and maximums. Permanent disability rates and total awards are scheduled by the PDRS based on whole-person impairment, age, and occupation.

Temporary disability is capped at 104 weeks within 5 years of injury, with limited exceptions for severe injuries (§ 4656(c)) including amputations, severe burns, HIV, and certain catastrophic injuries that get up to 240 weeks.

Carriers can reduce your permanent disability award by the portion attributable to pre-existing causes — but only when supported by substantial medical evidence. Improper apportionment is one of the most common (and most appealable) carrier tactics.

If your employer's serious and willful misconduct (knowingly violated safety rules, ignored Cal/OSHA citations) caused your injury, your award increases by 50% with no cap.

It is illegal for your employer to fire, demote, harass, or otherwise retaliate against you for filing a workers' comp claim. Violations increase your award by 50% (capped at $10,000) and entitle you to reinstatement plus back pay.

100% paid by the carrier — no copays, no deductibles, no out-of-pocket. Covers diagnostics, surgery, physical therapy, prescriptions, medical equipment, and chronic pain management. Lifetime medical care for permanent injuries when supported by the medical record.

Paid while you're off work or working reduced hours due to the injury. Capped at 104 weeks within 5 years for most injuries; up to 240 weeks for severe injuries under § 4656(c).

Calculated under the PDRS using whole-person impairment, age, occupation, and DFEC. A 25% PD rating typically pays around $30,000; a 70% rating pays into six figures; 100% (PTD) pays lifetime weekly benefits.

Round-trip mileage to every medical appointment, QME exam, deposition, and pharmacy. Carriers rarely advance this — workers must request reimbursement quarterly with documentation.

When permanent work restrictions prevent your prior job, the SJDB voucher covers retraining at state-approved schools, tools, computers, certifications, or job-placement services.

Additional supplement for workers whose permanent disability rating is disproportionate to their wage loss. Funded by employer assessments.

Paid to surviving dependents (spouse, children, supported relatives) under §§ 4700–4709, plus up to $10,000 in burial expenses.

Build the AOE/COE record through treating physician reports, witness statements, employer-provided documentation, and a strong panel QME selection. Carrier denials based on AOE/COE are reversible in the majority of cases when properly litigated.

Challenge apportionment that lacks substantial medical evidence. Many apportionment defenses fail because the prior condition was asymptomatic before the new work injury aggravated it — and asymptomatic prior conditions cannot legally support apportionment.

Document medical necessity through MTUS guidelines and treating physician reports. Appeal IMR denials within 30 days. Where IMR denials conflict with the medical record, raise the issue at the WCAB.

Never settle before you reach maximum medical improvement. Settling pre-MMI almost always leaves money on the table — and forecloses future medical care that can be worth more than the settlement itself.

Counsel clients on social media discipline during the case. Cross-examine surveillance investigators at deposition. Counter selective footage with full daily-activity context.