Do I Qualify for Workers' Comp in California?

Do I Qualify for Workers’ Comp? Check These 3 Things

In most cases, you qualify for workers’ comp in California if all three of these are true:

1. You’re an employee. You work for someone else and get paid for it. This includes full-time, part-time, temporary and seasonal workers.
2. Your employer is covered. Almost every California employer with even one employee must carry workers’ comp insurance.
3. Your injury or illness is from your job. It happened while you were doing your work, or your work caused it over time.

That’s it. You don’t have to prove your employer did anything wrong. California workers’ comp is a “no-fault” system. This means you can get benefits even if the accident was your own mistake.

If you checked all three boxes, you can likely get workers’ comp benefits, like medical care and part of your lost wages.

Who Is Eligible for Workers’ Compensation in California?

California law covers almost every type of worker. You’re likely eligible for workers’ compensation if you are:

• A full-time or part-time employee, no matter how few hours you work
• A temporary or seasonal worker, including workers hired through a staffing agency
• A new employee, even on your first day
• A minor working a legal job
• An undocumented worker. California law protects all workers, regardless of immigration status
• A union or non-union worker
• A public employee, like a teacher, firefighter, police officer or city worker

You may also qualify if your employer calls you an “independent contractor.” Many workers in California are treated as employees under the law, even if their boss says otherwise. More on that below.

Some public workers, like firefighters and police officers, also get special rules that make certain claims easier to win. Learn more about our work with firefighters, police officers and union workers.

What Qualifies for Workers’ Comp? Injuries and Illnesses Covered

Almost any injury or illness caused by your job can qualify for workers’ comp. There are three main kinds:

• Sudden injuries. Something happens all at once, like a fall, a cut, a burn or a car crash while driving for work.
• Injuries that build up over time. Your job slowly wears down your body. Examples are back pain from years of lifting, carpal tunnel from typing, or hearing loss from loud machines. These are called repetitive stress or “cumulative trauma” injuries.
• Work-related illnesses. You get sick from something at work, like breathing in dust, chemicals or smoke.

Common injuries we see in Southern California workers’ comp cases include:

• Back and neck injuries
• Shoulder, knee, hand and wrist injuries
• Carpal tunnel and other repetitive stress injuries
• Head injuries and concussions
• Severe burns
• Broken bones from falls, forklift accidents and scaffolding accidents
• Lung disease, including silicosis in stone and countertop workers
• Stress, anxiety, depression and PTSD caused by work

See the full list of injuries we handle.

Are Injuries Away From the Workplace Covered?

Often, yes. You can be covered if you get hurt doing something for your job away from your usual work site. This includes driving to a client, running a work errand, traveling for work, or working from home. You can also be covered at a company event if your employer expected or required you to go.

Does Workers’ Comp Cover Independent Contractors?

True independent contractors usually don’t get workers’ comp. But in California, many people called “independent contractors” are really employees under the law.

California uses a three-part test, often called the “ABC test” or AB5. Under this test, you’re treated as an employee unless your employer can prove all three of these:

1. You’re free from the company’s control in how you do your work.
2. Your work is outside the company’s usual business.
3. You run your own independent business doing this kind of work.

For example, if a construction company pays you to frame houses and tells you when and how to work, you’re probably an employee, even if you get a 1099 tax form. Getting paid in cash or by the job doesn’t change this.

Some jobs follow different rules. Rideshare and delivery drivers who work through apps are covered by Proposition 22, which treats them differently. If you’re not sure how you’re classified, talk to a lawyer before you give up on a claim.

Do Part-Time Employees Get Workers’ Comp?

Yes. In California, part-time employees get the same workers’ comp coverage as full-time employees. So do:

• Temporary and staffing agency workers. Either the staffing agency or the company you’re placed with may be responsible.
• Seasonal workers, like farmworkers and holiday retail workers
• New hires, from your very first day
• Undocumented workers. Your immigration status doesn’t affect your right to workers’ comp, and your employer can’t use it against you. Lea más en español.

Does Workers’ Comp Cover Pre-Existing Conditions?

Yes, in many cases. If your job made an old injury or health problem worse, you can still qualify for workers’ comp. For example, if you had a sore knee before and a fall at work tore the cartilage, the new damage can be covered.

The insurance company may try to pay you less by saying part of your problem came from the old injury, not your job. It needs a doctor’s report to back that up. This is one of the most common fights in workers’ comp cases, and one where a lawyer can help.

Workers’ Comp for Mental Health and Stress

Yes, you can get workers’ comp for mental health conditions like stress, anxiety, depression or PTSD in California. But the rules are stricter than for physical injuries:

• Your job must be the main cause. In most cases, you have to show that work caused more of your mental health condition than everything else in your life combined. If you were the victim of violence at work, the bar is lower.
• You usually need to have worked there for at least 6 months. This rule doesn’t apply if your condition came from a sudden and extraordinary event, like a shooting or a serious accident.
• Normal job decisions usually don’t count. Stress from a fair, lawful decision, like a bad review or a transfer, is usually not covered.

If a physical injury at work leads to depression or anxiety, that may also be covered. Learn more about PTSD and workers’ comp in California.

What Is Not Covered by Workers’ Comp?

Most work injuries are covered, but California law lists some that aren’t. You usually can’t get workers’ comp if your injury happened because:

• You were drunk or high on illegal drugs, and that caused the injury
• You hurt yourself on purpose
• You started a fight. If someone else attacked you at work, you may still be covered.
• You were committing a felony and were convicted of it
• You were at an optional off-duty event, like a weekend softball game your boss didn’t require or expect you to attend
• You were commuting to or from work. This is called the “going and coming rule.” There are exceptions, like when you’re driving a company car, running an errand for your boss, or traveling between job sites.

The insurance company has to prove most of these. Don’t assume your claim is over just because the insurance company says one of these applies.

Can You File Workers’ Comp After Being Fired?

Yes, but it’s harder. California has special rules for claims filed after you’ve been told you’re fired or laid off. You can usually still get workers’ comp if:

• You told your employer about the injury before you got the notice
• Your medical records from before the notice show the injury
• You got hurt after the notice, but before your last day
• Your injury built up over time and you first learned it was work-related after the notice

The best protection is to report every injury in writing right away. It’s also illegal for your employer to fire you because you filed a workers’ comp claim. If that happened, you may have another claim for wrongful termination.

Workers’ Comp Eligibility in Southern California: How to File a Claim

If you think you qualify, act quickly. Here’s how to file a workers’ comp claim in California:

1. Tell your employer in writing as soon as you can, and within 30 days of the injury. For an injury that built up over time, report it as soon as you learn your job caused it.
2. Ask for the claim form. Your employer must give you a form called a DWC-1 within one working day after you report the injury. Fill out your part, sign it and give it back. Keep a copy.
3. Get medical care. Tell every doctor your injury happened at work.
4. Keep records of everything: medical reports, letters from the insurance company, pay stubs and the names of anyone who saw what happened.

In most cases, you have one year from the injury to file. Once you turn in the claim form, the insurance company usually has 90 days to accept or deny it.

From warehouses in the Inland Empire to hospitals, studios and job sites across Los Angeles, Southern California workers get hurt in every kind of job. Rodich Law represents warehouse and delivery workers, construction workers, healthcare workers, restaurant employees and many more. If your claim was already turned down, read about denied claims and appeals.