Workers Compensation Law

Welcome to our California Workers Compensation law and California Workmans Compensation benefits information page. Our workers compensation lawyers and attorneys would like to inform you about your legal rights if you have suffered a work injury in California. A California Worker's Comp lawyer is on call 7 days a week. Click here to contact workers compensation lawyer in California.

California Workers Compensation

Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents.

State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most worker compensation laws. Awards are limited to "disability or death" sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication.

The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers' Compensation Programs.

The Federal Employment Liability Act (FELA), while not a workers' compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent.

The Merchant Marine Act (the Jones Act) provides seamen with the same protection from employer negligence as FELA provides railroad workers.

Congress enacted the Longshore and Harbor Workers' Compensation Act (LHWCA) to provide workers' compensation to specified employees of private maritime employers. The Office of Workers' Compensation Programs administers the act.

The Black Lung Benefits Act provides compensation for miners suffering from "black lung" (pneumoconiosis). The Act requires liable mine operators to pay disability payments and establishes a fund administered by the Secretary of Labor providing disability payments to miners where the mine operator is unknown or unable to pay. The Office of Workers' Compensation Programs regulates the administration of the act.

California's Workers' Compensation Act provides an example of a comprehensive state compensation program. It is applicable to most employers. The statute limits the liability of the employer and fellow employees. California also requires employers to obtain insurance to cover potential workers' compensation claims, and sets up a fund for claims that employers have illegally failed to insure against.

Worker's Compensation Resources

DWC and the California workers' compensation system

Workers' compensation basics, an overview of the California workers' compensation system
Workers' compensation reforms enacted in 2003 (AB 227, SB 228)

Official Medical Fee Schedule (OMFS) 1999 to present

Benefit increases and other significant changes contained in Assembly Bill 749

13th annual education conference - the largest workers' compensation educational event in the state. Held in March in both Northern and Southern California, this conference allows claims administrators, medical providers, attorneys, rehabilitation counselors and others in the workers' compensation community to learn firsthand about the latest developments and ongoing programs.

Help with your workers' compensation case

Disability accommodation - If you have a disability and are using the services of the Division of Workers’ Compensation you may be eligible for disability accommodation. DWC provides reasonable assistance to individuals with disabilities to allow them an equal opportunity to access DWC’s programs and services.

A series of fact sheets and guides for injured workers in need of information or help filing the forms needed to have a dispute over benefits resolved by a local Workers’ Compensation Appeals Board.

The Injured Worker. A pamphlet in Adobe Acrobat format that provides basic information for employees regarding their rights and benefits.

A Guidebook for Injured Workers, 2005 English version size 1.8Mb -

Glossary of workers' compensation terms for injured workers

Additional Workers Compensation Resources

Workers Compensation Law - An Overview

Find Workers Compensation Lawyers

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