How California Workers' Comp Works, Start to Finish

What are the first steps after a work injury?

After a California work injury, tell your employer within 30 days. Your employer must give you a DWC-1 claim form within one working day. Fill out the employee section and keep a copy. Those two steps start every claim.

Speed matters here. Labor Code 5400 gives you 30 days to report an injury. A late report hands the insurer an easy reason to fight. Report in writing if you can. A short email to your supervisor works fine. No claim form the next day? Download the DWC-1 from the state Division of Workers' Compensation website.

Sudden accidents are not the only claims. Slow damage from years of work counts too. Think worn knees, bad backs, or numb hands from typing. For those injuries, the clock starts when you link the harm to your job.

The DWC-1 form makes your claim official. Filing it also starts a clock for the insurance company. The insurer must accept or deny your claim within 90 days. If it misses that window, Labor Code 5402 presumes your injury is covered. While it investigates, it must authorize up to $10,000 in medical treatment. Never wait for a decision to see a doctor. Keep copies of everything you sign or send.

What if your employer has no insurance at all? That is illegal, but you are still protected. A state trust fund steps in and pays your benefits.

These early deadlines control the whole case. Here they are at a glance.

Who pays for my doctor and my lost wages?

After a California work injury, the insurance company pays all approved medical care with no copay. It also pays temporary disability checks while a doctor keeps you off work. Those checks equal two-thirds of your average weekly wage, up to $1,764.11 per week in 2026.

Labor Code 4600 makes the insurer cover the treatment your injury needs. You never pay a copay or a deductible. Most insurers run a Medical Provider Network, called an MPN. That is their list of approved doctors. You pick your treating doctor from that list. Not happy with the care? You can switch to another MPN doctor at any time. Better yet, plan ahead while healthy. You can name your own personal doctor in writing before any injury. File that form with your employer and you keep your doctor.

Lost pay help is called temporary disability, or TD. Say you earned $900 a week before getting hurt. TD would pay about $600 a week, tax free. Your first check is due within 14 days. A late check adds a 10 percent penalty. Checks then arrive every two weeks. Labor Code 4656 caps TD at 104 weeks in most cases.

Sometimes the insurer refuses care your doctor ordered. That denial comes from a process called utilization review. You can appeal through Independent Medical Review within 30 days. Outside doctors then review the file for free.

Here is every major benefit in one view, with current rates. The table also covers death benefits and the retraining voucher.

What happens when my healing levels off?

In a California workers' comp case, the healing phase ends when a doctor declares maximum medical improvement, or MMI. You then get a permanent disability rating from 0 to 100 percent. In 2026 that rating pays $160 to $290 per week for a set number of weeks.

MMI does not mean you are healed. It means your condition has leveled off. Your doctor then writes a final report on your lasting limits. A rater turns that report into a percentage. Higher percentages mean more weeks of pay. Ratings of 70 percent or more also add a small lifetime pension.

MMI changes your money too. Temporary disability checks stop at that point. Permanent disability checks take over if you have a rating. No suitable work offer from your employer? A $6,000 retraining voucher helps pay for new skills.

Do not accept a rating you doubt. You can request a panel of three qualified medical evaluators, or QMEs. Labor Code 4062.2 sets up that panel. Each side strikes one name. The doctor left standing examines you. With a lawyer, both sides can agree on one neutral doctor instead. Choose with care. That report often drives the value of the whole case.

Watch for apportionment too. The insurer only owes for the share your work caused. Old injuries or arthritis can shrink a rating. Doctors must back up any split with real medical reasons. A good report separates old damage from new.

This table shows what common ratings pay at 2026 rates.

How does a California workers' comp case end?

Most California workers' comp cases end in one of two settlements. A Compromise and Release pays one lump sum and closes the case. A Stipulation pays the rating over time and keeps medical care open. A judge must approve either deal.

A Compromise and Release trades your whole case for one check. You give up future medical care through the claim. In return you get more cash now, all at once. That choice is usually final, so weigh it well. A Stipulated award works the other way. It pays your rating in smaller checks over time. It also keeps treatment for that body part open.

Most cases settle after MMI, once the rating is known. Many wrap up at a mandatory settlement conference, a court date set before trial. A judge reviews every deal for fairness first. That review protects you from a lowball number. Ask about both paths before you sign anything. The right choice depends on your health, your job, and your plans.

No deal? Your case goes to trial before a workers' comp judge. That happens at the Workers' Compensation Appeals Board, or WCAB. These trials are short and less formal than jury trials. The judge reads the medical reports and hears testimony. Then the judge issues a written decision. Either side can appeal it.

How long does all this take? Simple accepted claims can wrap up in months. Cases with a lasting rating often run one to two years. Benefits flow during the case, not just at the end.

Worried about legal fees? Workers' comp lawyers charge nothing up front. The fee comes out of your award at the end. A judge must approve it. Most fees run about 15 percent.