Are you dealing with any of this?
Your boss says don't report it, just see your own doctor
Some employers worry about insurance costs and tell you to use your own health plan or pay yourself, or say a small injury is not worth reporting. If the 30 days pass, your rights can be affected.
You have no status and are afraid to speak up
Many workers worry that reporting an injury will lead to questions about immigration status. California law counts workers without status as employees, and they can file for workers' compensation.
The insurer denied the claim, saying it was not work related
Common reasons are an old injury, late reporting, or a claim that you were not an employee. A denial is not the end. You can ask the workers' compensation court system to hear it.
The doctor says you can go back to work, but you still hurt
If the insurer's doctor writes that you can work, disability payments may stop. Another doctor's evaluation is often needed at that point.
You were cut back, demoted, or fired after getting hurt
After the injury you are suddenly given the worst shifts or let go. The law does not allow punishing a worker for an injury claim.
Someone other than your employer caused it
For example, a subcontractor's equipment hit you on a job site, or another driver crashed into you on a delivery. Besides workers' compensation, you may have a separate claim against that third party.
What we handle in a workers' comp case
Once you retain us, calls and letters from the insurer and adjuster come to us.
The DWC-1 and your report record
We confirm when you reported, file the DWC-1, keep proof, and make sure both the employer and insurer have it in writing.
Treatment and doctor issues
We look at the insurer's medical network and, when treatment is delayed or refused, raise it with the insurer and regulators, and help make sure your injuries are fully in the medical record.
Temporary disability payments
We check that your weekly rate was calculated correctly, that payments arrive on time, and why they stop if they do.
QME and AME evaluations
When there is a dispute, a QME (qualified medical evaluator) or a mutually agreed AME evaluates you. We help prepare records and check whether the report leaves out injuries.
Hearings at the WCAB after a denial
After a denial we file the case, prepare evidence and witnesses, and appear at hearings.
Permanent disability, the voucher, and settlement
We review the permanent disability rating, handle the $6,000 supplemental job displacement voucher, and explain each settlement option and its trade-offs before you decide.
Employer retaliation
If you were cut back, demoted, or fired after getting hurt, we assess whether it was unlawful retaliation and handle it where appropriate.
Third-party claims
When another company, an equipment maker, or another driver caused the injury, we assess whether you can sue them in addition to workers' compensation (Labor Code §3852).
California workers' comp rules you should know
These are general rules. Exceptions exist, so confirm your deadlines early.
- Tell your employer within 30 days：You should tell your employer about the injury within 30 days, preferably in writing (Labor Code §5400). The state's guidance also warns that waiting longer than 30 days can cost you your right to benefits. Do not rely on having mentioned it out loud; keep a written record.
- The DWC-1 claim form: treatment must be authorized within one working day：After you give your employer a completed DWC-1, the employer must authorize treatment within 1 working day. While the insurer decides, medical liability is capped at $10,000 (Labor Code §5402). If the claim is not rejected within 90 days of the form being filed, the injury is presumed compensable.
- The general deadline to file with the court is 1 year：The time to start a case before the Workers' Compensation Appeals Board (WCAB) is generally one year from the date of injury, and can run from the end of benefit payments or the last medical treatment if those continued (Labor Code §5405). Do not confuse the 30-day report with the 1-year filing deadline.
- Workers without status are covered：Under Labor Code §3351(a), people who are not citizens or nationals of the United States are covered employees. The state labor agency also says most workers' compensation benefits do not require legal residency.
- Temporary disability: two-thirds of your wages, with a floor and a cap：When a doctor says you cannot work for now, you can receive temporary disability (TD). For 2026 the weekly maximum is $1,764.11 and the minimum is $264.61 (DIR announcement). TD for a single injury is limited to 104 compensable weeks within 5 years of the injury (Labor Code §4656(c)(2)).
- Permanent disability and the job displacement voucher：When treatment has plateaued, a doctor rates any permanent disability. If your employer does not offer regular, modified, or alternative work, the insurer must provide a supplemental job displacement voucher of up to $6,000 for training or re-employment (Labor Code §4658.7).
- Only 20 days to ask for reconsideration：If you disagree with a judge's final decision, a petition for reconsideration to the WCAB generally must be filed within 20 days of service (Labor Code §5903). Do not set the decision aside once it arrives.
How your case moves forward
Free initial assessment
Tell us by phone or WeChat how you were hurt, when you reported it, and whether you received a denial. We tell you which deadlines apply and what to do first.
Written engagement
You sign an engagement agreement that states how the attorney fee is calculated. In California workers' comp, a judge must approve the fee, and you do not pay upfront.
Reporting and treatment
We fill any gaps in your report and the DWC-1, follow up on authorization, and help you get to the right doctor if needed.
Evaluation and negotiation
Once treatment is stable we obtain the medical evaluation, check permanent disability, TD, and the voucher, then negotiate a settlement or prepare for a hearing.
Settlement or hearing, then closing
A settlement must be approved by a judge; if there is none, a judge hears the case. Each option is explained to you and the decision is yours.
Fees for workers' comp cases
Free initial assessment
The first conversation costs nothing. We will tell you plainly where the difficulties are and what needs to be done first.
Nothing upfront; the fee comes out of the award
In California workers' compensation, attorney fees must be approved by a judge and are paid out of the benefits awarded to you. The exact terms are in your written engagement agreement.
Case costs are defined in the agreement
Who advances costs such as records and medical reports, and how they are handled at the end, is written down before you sign.
- Workers' compensation attorney fees are approved by a judge at the Workers' Compensation Appeals Board, and we do not collect fees that have not been approved.
- We do not promise any particular recovery or outcome.
Workers' comp questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
