In this guide10 sections
- Key takeaways
- When you may not need a lawyer
- Signs it is time to talk to a workers’ comp attorney
- Situations that almost always call for advice
- What a workers’ comp attorney does
- What it costs
- The risks of waiting
- What to do now, with or without a lawyer
- Frequently asked questions
- Talk to a California workers’ comp lawyer
You should talk to a workers’ comp attorney as soon as something goes wrong with your claim: it is denied or delayed, your injury is serious or likely permanent, you are sent to a medical evaluator you don’t trust, you are offered a settlement, or you are treated differently at work for filing. Many workers with a minor injury, an accepted claim and a quick return to work never need a lawyer. But California workers’ comp runs on short deadlines, and waiting can cost you options that are hard to get back.
Key takeaways
- Report your injury to your employer within 30 days and file a claim form; most claims must be filed within one year (Labor Code §§5400, 5405).
- Get advice before you object to a doctor’s report, pick a Qualified Medical Evaluator, or sign any settlement.
- Workers’ comp attorney fees must be approved by a workers’ comp judge as reasonable, and a lawyer can’t collect a fee from you before that approval (Labor Code §4906).
- Punishing you for filing a claim can violate Labor Code §132a; a petition must generally be filed within one year.
- If you don’t have a lawyer, the state’s Information and Assistance officers give free help.
When you may not need a lawyer
Not every claim needs an attorney. If you had a minor injury, your claim was accepted, your treatment was approved, your temporary disability was paid on time and you went back to your regular job without lasting problems, you may be able to handle the claim yourself. The state’s Information and Assistance Unit provides free information to injured workers who don’t have a lawyer.
The picture changes quickly if any of the situations below apply.
Signs it is time to talk to a workers’ comp attorney
| Situation | Why it matters | Key deadline or rule |
|---|---|---|
| Your claim is denied, or no decision arrives | Denials often rest on disputed facts that can be challenged with medical and witness evidence | If the claim isn’t rejected within 90 days of your claim form, the injury is presumed covered (Labor Code §5402) |
| You disagree with your doctor’s report | Objecting starts the medical-legal process that often decides your case | Generally 20 days to object if represented, 30 days if not (Labor Code §4062) |
| You are given a panel of Qualified Medical Evaluators | The evaluator’s report heavily influences your disability rating | Short windows to strike names and schedule the exam |
| Treatment is denied or delayed | Denials go through Independent Medical Review, not a judge | Generally 30 days to request IMR (Labor Code §4610.5) |
| Your injury is serious or likely permanent | Permanent disability ratings, future medical care and life pensions involve complex rules | Ratings depend on reports issued when you are permanent and stationary |
| You are offered a settlement | A compromise and release usually closes future medical care | No settlement is valid until a workers’ comp judge approves it (Labor Code §5001) |
| You were disciplined, demoted or fired after filing | You may have a separate claim for discrimination | Generally one year to file a Labor Code §132a petition |
| Your benefit checks are late, short or stop | Late or wrong payments may trigger penalties | First TD payment due within 14 days of the employer’s knowledge of injury and disability (Labor Code §4650) |
Situations that almost always call for advice
- Serious injuries. Amputations, spinal cord and brain injuries, severe burns, heart attacks, strokes, psychiatric injuries and occupational diseases tend to involve long treatment, disputed causation and large permanent disability ratings.
- Pressure to return to work too soon. If you are offered modified work that exceeds your restrictions, or told to come back before your doctor releases you, get advice before you respond.
- A doctor or evaluator who isn’t listening. You may have the right to change treating doctors, and the timing of objections to medical reports matters. See how QMEs and AMEs differ.
- Missing benefits. Miscalculated temporary disability, unpaid mileage, or no Supplemental Job Displacement Benefit voucher when you can’t return to your job are common problems. Our workers’ comp benefits calculator can help you check the numbers.
- Retaliation. Labor Code §132a bars discrimination against you for filing a claim. If it is proven, your compensation can be increased by one-half, up to $10,000, along with reinstatement and lost wages. See workers’ comp retaliation.
What a workers’ comp attorney does
- Files your claim with the Workers’ Compensation Appeals Board and tracks deadlines
- Handles objections, the evaluator selection process and communication with the medical-legal evaluators
- Requests penalties when benefits are unreasonably delayed
- Prepares you for your deposition and represents you at conferences and trial
- Reviews permanent disability ratings and settlement offers, and explains what you give up in each type of settlement
- Spots related claims, such as retaliation, disability discrimination or a lawsuit against a third party who caused the injury
What it costs
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
In workers’ comp, the law adds protections. A workers’ comp judge must approve the fee as reasonable, considering the responsibility the attorney took on, the care used, the time involved and the results. An attorney can’t demand or accept a fee from you until the fee is approved. At your first consultation, the attorney must give you a written disclosure explaining the procedures available to you and the range of fees the appeals board customarily approves (Labor Code §4906).
The risks of waiting
- Missing the one-year filing deadline or the short medical-report objection windows
- Ending up with an evaluator by default because a selection deadline passed
- Accepting a permanent disability rating or settlement that leaves out body parts or future medical needs
- Losing evidence: witnesses move on, and texts and schedules disappear
- Missing the one-year window for a §132a retaliation petition
Here is a hypothetical. Teresa, a warehouse picker, develops wrist and elbow pain over months of repetitive work. Her claim is denied as “not work related,” and she later receives a panel of three evaluators. She waits to decide, and the insurer selects an evaluator after her window closes. A lawyer consulted earlier could have handled the selection on time and gathered the job-duty evidence her evaluator needed to see.
What to do now, with or without a lawyer
- Report the injury in writing to your supervisor, and keep a copy.
- Ask for and file the claim form. Your employer must give you a claim form within one working day of learning of the injury (Labor Code §5401). See our DWC-1 claim form guide.
- Get treatment and describe all of your symptoms and how the injury happened.
- Keep every letter from the claims administrator, especially anything with a deadline.
- Don’t sign settlement papers or recorded statements you don’t understand.
Frequently asked questions
Is it too late to hire a lawyer if my case is already underway?
Usually not. Workers often hire a lawyer after a denial, a QME report or a settlement offer. Some missed deadlines can’t be undone, so sooner is better.
Will hiring a lawyer make my employer angry?
Your employer may not punish you for pursuing a workers’ comp claim. If you are disciplined, demoted or fired because of the claim, you may have a §132a claim in addition to your benefits.
Do I pay anything upfront?
Workers’ comp fees are approved by a judge and generally come out of the benefits recovered for you, not paid upfront. Your written fee agreement explains how fees and costs work in your case.
Can I change lawyers if I’m unhappy?
Yes. You can substitute a new attorney during your case. See how to change your workers’ comp attorney.
Can I still file if I was fired or quit?
Possibly. Claims filed after a termination notice are limited, but there are exceptions, for example when you reported the injury before the notice. See filing workers’ comp after being fired or quitting.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers at every stage of a workers’ comp claim. We offer free virtual consultations to review your claim, your deadlines and your options. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
