Workers’ Compensation FAQ

Board certification by the State Bar of California Board of Legal Specialization is a rigorous credential held by fewer than 1% of California attorneys in Workers' Compensation Law. It requires years of demonstrated expertise in workers' compensation law, advanced continuing education beyond standard requirements, favorable evaluations from peers and judges, and passage of a comprehensive written examination. Choosing a certified specialist means your attorney has been independently verified to possess mastery of this complex area of law.

There is no upfront cost to hire Yazdchi Law. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Attorney fees in California workers' comp cases are set by the WCAB and typically range from 12-15% of your award or settlement. This fee structure ensures that injured workers can access high-quality legal representation regardless of their financial situation.

Yes. While our office is located in Palmdale, we represent injured workers throughout Southern California. We regularly appear at WCAB district offices in Van Nuys, Bakersfield, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard. Our board-certified specialist provides the same level of expert representation to workers in every community we serve, from the Antelope Valley to the Inland Empire.

Yes. Yazdchi Law serves clients in English, Spanish, and Farsi. Our Spanish-speaking staff ensures that monolingual Spanish-speaking workers receive the same quality legal representation and communication as English-speaking clients. We can handle consultations, case updates, document preparation, and hearing representation in your preferred language and with the assistance of certified interpreters.

Absolutely. If you are unhappy with your current attorney's handling of your case, you have the right to change attorneys at any time. If you do not have an attorney and want a professional evaluation of your claim, Yazdchi Law offers free consultations to review your case, explain your rights, and identify any benefits you may be missing. There is no obligation and no cost to get a certified specialist's opinion on your workers' comp claim.

California workers' comp provides five core benefits: medical treatment for your work injury at no cost to you, temporary disability payments (approximately two-thirds of your average weekly wage) while you recover, permanent disability payments if your injury causes lasting impairment, supplemental job displacement benefits (a retraining voucher) if you cannot return to your former job, and death benefits for dependents if a work injury is fatal. A certified specialist ensures you receive the maximum available under each category.

Temporary disability (TD) payments are approximately two-thirds of your average weekly wage, subject to minimum and maximum amounts set by law that adjust annually. TD benefits begin after you miss more than three days of work due to your injury, and payments continue until your physician releases you to return to work or determines you have reached Maximum Medical Improvement (MMI). There is a 104-week cap on TD benefits in most cases, with exceptions for certain severe injuries that allow up to 240 weeks.

Permanent disability (PD) is calculated using the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition. Your treating physician or medical evaluator assigns a Whole Person Impairment (WPI) rating, which is then adjusted for your age, occupation, and future earning capacity using the PDRS (Permanent Disability Rating Schedule). The final PD rating determines your total permanent disability award. A certified specialist ensures your impairment rating is properly documented and fights apportionment attempts that would reduce your award.

The Supplemental Job Displacement Benefit (SJDB) is a voucher worth up to $6,000 for education or retraining at accredited schools. You qualify if your injury results in permanent disability and your employer does not offer you modified or alternative work within 60 days of the final medical report. The voucher can be used for tuition, books, and fees. A certified specialist ensures you receive this benefit when eligible and maximizes its value through proper case management.

Yes, but psychiatric injury claims in California have special requirements. Under Labor Code section 3208.3, you must have been employed for at least six months (unless caused by a sudden and extraordinary event), and the work-related stress must be the predominant cause (over 50%) of the psychiatric condition. For cases involving violence or direct exposure to a significant event, different thresholds may apply. A certified specialist navigates the heightened evidentiary requirements of psychiatric injury claims.

Many employers misclassify employees as independent contractors to avoid providing workers' comp coverage. Under California's ABC test established by Assembly Bill 5, most workers are presumed to be employees unless the employer can prove all three conditions of the test are met. If you were injured on the job and your employer claims you are an independent contractor, a certified specialist can evaluate whether you have been misclassified and help you pursue a workers' comp claim as an employee.

You should report your injury to your employer as soon as possible, and California law requires you to report it within 30 days of the injury under Labor Code section 5400. For injuries that develop over time (cumulative trauma), the 30-day clock starts when you knew or should have known the injury was work-related. Failing to report on time can jeopardize your benefits, so report immediately and follow up in writing to create a paper trail.

You have one year from the date of injury to file a formal workers' comp claim (DWC-1 form) under Labor Code section 5405. For cumulative trauma injuries, the one-year clock starts on the date you knew or should have known the condition was work-related. For occupational diseases, the deadline may be extended under certain circumstances. Missing these deadlines can permanently bar your claim, so consult an attorney immediately if you are approaching any deadline.

A specific injury results from a single accident or event — such as a fall, a vehicle collision, or being struck by equipment — that occurs on a particular date. Cumulative trauma (CT) develops over time from repetitive activities, prolonged exposures, or sustained physical stress. Examples include carpal tunnel from years of typing, back degeneration from heavy lifting, or hearing loss from chronic noise exposure. Both types of injuries are fully covered by California workers' comp, but CT claims require different medical evidence strategies.

A Qualified Medical Evaluator (QME) is a physician certified by the Division of Workers' Compensation to perform independent medical evaluations. QMEs are typically used when the injured worker is not represented by an attorney — you receive a panel of three QMEs and choose one. An Agreed Medical Evaluator (AME) is a physician jointly selected by your attorney and the insurance company to evaluate disputed medical issues. AMEs are generally preferred because both sides have agreed to accept the physician's findings, which can expedite resolution of your case.

A Compromise & Release (C&R) is a lump-sum settlement that closes your entire case, including future medical care. A Stipulations with Request for Award (Stips) settles your permanent disability rating and payments but keeps your right to future medical treatment open indefinitely. The right choice depends on your specific circumstances — younger workers with ongoing medical needs may benefit from Stips, while workers with Medicare considerations or who want a clean break may prefer a C&R. A certified specialist will advise you on which option maximizes your total benefits.

During the first 30 days after your injury, your employer has the right to direct your medical treatment within their Medical Provider Network (MPN). After 30 days, you can request to change to a physician of your choosing within the MPN. However, if you pre-designated a personal physician in writing before your injury under Labor Code section 4600, you can treat with that physician from day one. A certified specialist can help you navigate the MPN system and ensure you receive quality medical care.

Utilization Review (UR) is the process by which the insurance company's physicians review treatment requests from your doctor to determine if they are medically necessary. If UR denies a treatment request, you can appeal through Independent Medical Review (IMR), where an independent physician reviews the denial. IMR decisions are binding on the insurance company. A certified specialist knows how to prepare strong IMR appeals and, when necessary, challenge UR processes that violate legal requirements.

California requires virtually all employers to carry workers' compensation insurance under Labor Code section 3700. If your employer is uninsured, you can file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF), which will pay your benefits and then seek reimbursement from your employer. Being uninsured is a misdemeanor, and you may also have the right to file a civil lawsuit against your employer for damages beyond workers' comp benefits, including pain and suffering.

A denial is not the final word on your case. You have the right to challenge the denial by filing a Declaration of Readiness to Proceed, which requests a hearing before a workers' comp judge at the WCAB. Common denial reasons — such as disputed causation, pre-existing conditions, or late reporting — can often be overcome with strong medical evidence and legal arguments. Additionally, under Labor Code section 5402, if the insurer fails to accept or deny your claim within 90 days, your injury is presumed to be work-related.

No. California Labor Code section 132a explicitly prohibits employers from retaliating against employees who file or intend to file a workers' comp claim. Retaliation includes termination, demotion, pay cuts, hour reductions, threats, and hostile work environment. If your employer retaliates, you can recover reinstatement to your former position, back wages and lost benefits, a $10,000 or greater increase in your workers' comp award, and reasonable attorney fees. You may also have grounds for a separate civil wrongful termination lawsuit.