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California Workers' Compensation Lawyer Resources

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California runs one of the most complex workers' compensation systems in the country, and the employer and insurer on the other side of your claim know every lever in it. Under Labor Code Division 4, California workers' compensation is a no-fault system: you do not have to prove your employer was negligent to collect medical treatment, temporary disability, permanent disability, and vocational retraining benefits. The tradeoff is that workers' comp is generally your exclusive remedy against your employer, meaning a carefully built claim, filed on time, is often the only path to the benefits you are owed.

What makes California unique is the combination of the Medical Provider Network (MPN), Utilization Review (UR), Independent Medical Review (IMR), and the Qualified Medical Evaluator (QME) process. Denials for "non-industrial causation," disputes over apportionment, and fights over permanent disability ratings are among the most common issues we see. Layered on top are third-party liability claims (against a negligent contractor, property owner, or equipment manufacturer), potential Labor Code 132a discrimination claims if your employer retaliates, and in certain wage-and-hour contexts, PAGA actions that can run alongside an injury claim. A good California work injury lawyer thinks about all of these at once.

I am George Goldberg, founding partner of Goldberg & Loren. Over more than 32 years and 20,000+ injury cases, I have seen every tactic California comp carriers use: delayed authorization, lowball QME panels, misclassifying injuries as pre-existing, and pressuring injured workers to return to modified duty that does not actually exist. My firm fights those denials, handles appeals before the Workers' Compensation Appeals Board (WCAB), and, where the facts warrant, pursues third-party civil claims that can compensate you for the pain and suffering that workers' comp alone will never pay.

Below you will find our California-focused workers' compensation articles along with answers to the questions injured California workers ask us most. If your claim has been denied, delayed, or undervalued, do not wait for the insurer to change its mind. Call Goldberg & Loren at 1-888-352-9243 for a free, confidential review of your case.

Articles in this library

August 25, 2023

What Is Covered By California Worker Compensation?

James Loren 6 min read

Workers' Compensation Attorneys in California

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California Workers Compensation Attorneys

Frequently Asked Questions

Do I have to prove my employer was negligent to collect California workers' comp?

No. California workers' compensation is a no-fault system: you only need to show that your injury or illness arose out of and in the course of employment. That is why work comp exists: in exchange for guaranteed benefits regardless of fault, your right to sue your employer directly is generally limited. Fault does matter, however, for any third-party claim against someone other than your employer.

How long do I have to report a work injury in California?

California law requires you to notify your employer as soon as possible and generally within 30 days of a specific injury, and to file a DWC-1 claim form promptly. Cumulative trauma injuries, such as repetitive strain and occupational illness, follow different rules that turn on when you knew or should have known the injury was work related. A strict deadline applies; contact us to confirm the exact window for your situation.

Can I see my own doctor or do I have to use the employer's MPN?

In most cases, if your employer has a valid Medical Provider Network, you are required to treat within that MPN unless you pre-designated a personal physician before the injury. That rule is strictly enforced and causes a lot of disputes. A work comp attorney can help you switch treating physicians within the MPN and, when appropriate, challenge the network itself.

What is a QME and do I need to attend?

A Qualified Medical Evaluator is a state-certified doctor who performs a formal evaluation when there is a medical dispute, typically over causation, treatment, work restrictions, or permanent disability. If you are unrepresented, you use the QME panel process; if you are represented, your attorney and the defense can agree on an Agreed Medical Evaluator. Yes, you generally must attend. Missing a QME exam can jeopardize your benefits.

Can I sue someone besides my employer if I was hurt on the job in California?

Often, yes. If a third party — a subcontractor, a property owner, a driver in a work-related car crash, a product manufacturer — contributed to your injury, you may have a separate civil lawsuit against that party in addition to your workers' comp claim. Those third-party claims can recover pain and suffering and other damages that comp never pays. We evaluate this in every serious work injury case we take.

What should I do if my California workers' comp claim has been denied?

A denial is not the end of the road. You have the right to file an Application for Adjudication of Claim with the WCAB, demand medical-legal evaluations, and contest the denial in front of a workers' compensation judge. Many of the denied claims we take on are ultimately accepted or resolved by settlement. Do not let a denial letter sit. The appeal process has its own deadlines.

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George Goldberg and the Goldberg & Loren team have spent 32+ years and handled over 20,000 injury cases. Free consultation. You pay nothing unless we win.

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