What is workers' compensation?
Workers' compensation is a state-mandated insurance program intended to cover the medical care and a portion of lost wages for workers recovering from job-related injuries and illnesses. Workers' compensation also covers payments for job retraining, permanent disability, and death benefits. However, they do not include punitive damages or damages for pain and suffering.
How do I get workers' compensation benefits?
After learning of your injury/illness, your employer must give you a DWC 1 Claim Form within one working day. After completing your section of the form and returning it to your employer, they will complete their section and give it to the insurance company. The insurance company will then mail you a notice of the status of your claim.
How do I file a case if my claim is denied?
To begin a case with the Department of Workers' Compensation trial court, you must file an Application for Adjudication of Claim. Once your case has been confirmed, you must file a Declaration of Readiness to Proceed to schedule a hearing. For more information on claim disagreements, see the DWC's page linked below.
After the hearing and judge's decision, further petitions are filed with the Workers' Compensation Appeals Board.
I'm an independent contractor. What are my options?
Employers are not required to have workers' compensation insurance for independent contractors. However, many "independent contractors" may actually be employees for the purposes of workers' compensation, regardless of what their employer says. See this page from the Department of Industrial Relations on what truly counts as an independent contractor and speak to an attorney for more advice.
Recommended Resources
Online:
DWC Step-by-Step Guide for Workers
DWC Frequently Asked Questions Directory
"What to Do if You Get Hurt on the Job"
Nolo Encyclopedia: Workers' Compensation Benefits FAQ
Workers' Compensation Appeals Board
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
California Law of Employee Injuries and Workers’ Compensation (Lexis)
Available in print: Riverside, Palm Springs
Call Number: KFC 592 .H32
Rassp & Herlick California Workers’ Compensation Law (Lexis)
Available in print: Riverside
Call Number: KFC 592 .H477
California Civil Practice - Workers' Compensation (Westlaw)
Available in print: Riverside, Palm Springs
Call Number: KFC 995 .C32
California Workers' Compensation Practice (CEB)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 592 .S944 CEB
California Workers’ Damages Practice (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 592 .P482 CEB
Meeting Statutory Deadlines: Workers' Compensation (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 592 .O57 2023 CEB
Pertinent California Codes:
CA Labor Code Division 4
Please Note: The information presented in this research guide is intended to provide a foundation for legal research. For information pertaining to your case please consult an attorney, court facilitator or specialist.
Revised 10/29/25
