California Workers Compensation Law

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California Workers Comp Quick Facts

The following represent the state of the law as of January 1, 2006. Please note that worker's compensation law can be complex and these laws and policies are subject to amendment at any time. If you need help with a worker's compensation issue, please consult a licensed attorney.

Is Worker's Compensation Compulsory? Yes

Are Waivers Permitted? No

Numerical Exceptions: None.

Choice of Physician: Employer makes the initial selection of physician. After a period of time specified by state law, the employee has free choice. Unless the employer or the employer's insurer has established a "medical provider network", employer has initial selection of physician and employee can change to physician of own choosing after 30 days. An employee who has notified his or her employer in writing prior to injury that they have a personal physician, and whose providers provide nonoccupational health care coverage, has the right to be treated by his or her personal physician after job-related injury. By statute, a maximum of seven percent of all employees statewide may so predesignate. The right to be treated by one's personal physician at the outset of injury also applies if the employer has failed to post notice of workers' compensation rights as required. If an employer or insurer has established a medical provider network, then under most conditions the employer controls the initial selection of physician and all care must be provided within the network for the life of the claim.

Waiting Period For Comp Benefits After Injury: 3 days (temporary total disability only.)

Compensation is retroactive if disability continues for what period of time from the date of injury? 14 days (also retro- active if person is hospitalized)

Attorney Fees Permitted: Individual case basis; however an attorney cannot collect a fee for representation.

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