Workers Compensation Lawyer Los Angeles

If you were hurt on the job in Los Angeles, you may have two separate claims: a no-fault workers’ compensation claim for medical care and lost wages, and a fault-based lawsuit against any outside company or person that caused the injury. We file and manage the comp claim, identify every third party who shares the blame, and keep the two cases from undercutting each other.

Pacific Law Firm is based in San Francisco and represents injured workers throughout Los Angeles County. Your first consultation is free. Call 855-722-5290.

Two Claims, Two Systems: Workers’ Comp vs. a Third-Party Lawsuit

Workers’ comp pays without proof of fault but covers less. A third-party lawsuit can pay full damages, but you must prove someone else was negligent. Most injured workers start with comp and add a third-party claim when an outside party is involved.

	Workers’ compensation claim	Third-party civil claim
Who you claim against	Your employer’s insurer	The at-fault contractor, equipment maker, property owner or driver
Proof of fault	Not required; benefits are no-fault (Lab. Code § 3600)	Required: negligence or a defective product
Where it is decided	Workers’ Compensation Appeals Board (WCAB), including the Los Angeles district office at 320 W. 4th St., 9th floor	Los Angeles County Superior Court
What you can recover	Medical care, temporary disability at two-thirds of average weekly earnings, permanent disability, a job displacement voucher, death benefits	Full lost wages and earning capacity, medical costs, pain and suffering, emotional distress
Attorney fees	Approved by the WCAB and paid from your award (§ 4906)	Contingency fee, paid only if you recover
Main filing deadline	1 year (§ 5405)	2 years (CCP § 335.1)

You can pursue both at the same time. Filing for workers’ comp does not waive your right to sue a third party (§ 3852). However, your employer’s insurer can be reimbursed from a third-party recovery for benefits it already paid (§ 3856), so the two cases need to be resolved together.

How Do I File a Workers’ Comp Claim in Los Angeles?

You file a workers’ comp claim in Los Angeles by reporting the injury to your employer, returning a completed DWC-1 claim form, and, if benefits are denied or delayed, filing with the WCAB. The steps:

1. Report the injury. Tell your supervisor, in writing if possible, as soon as you can. The legal deadline is 30 days (§ 5400).
2. Get medical care. Your employer must provide treatment reasonably required to cure or relieve the injury (§ 4600). In an emergency, go to the nearest ER first.
3. Complete the DWC-1. Your employer must give you the DWC-1 claim form within one working day of learning about the injury. Fill out the employee section, sign it, return it and keep a copy.
4. Watch the 90-day clock. If the insurer does not accept or deny the claim within 90 days after you turn in the form, the injury is presumed to be work-related.
5. Take disputes to the WCAB. If benefits are denied, cut off or underpaid, your attorney files an Application for Adjudication of Claim. Hearings take place at WCAB district offices, including the Los Angeles district office, one of several in Los Angeles County.

The Division of Workers’ Compensation also has free Information and Assistance officers at 1-800-736-7401.

How Long Do I Have to Report a Work Injury and File a Claim?

You have 30 days to report a work injury to your employer, one year to file a workers’ comp claim with the WCAB, and two years to sue a negligent third party. Each deadline runs separately, and missing one can cost you benefits you otherwise qualify for.

Deadline	What it covers	Law
30 days	Notice of the injury to your employer	Lab. Code § 5400
6 months	Government claim, if a public agency is the third party	Gov. Code § 911.2
1 year	Workers’ comp claim with the WCAB, usually from the injury date or the last benefit payment or treatment your employer provided	Lab. Code § 5405
2 years	Personal injury lawsuit against a third party	CCP § 335.1

Illnesses that develop over time, such as hearing loss or repetitive stress injuries, can have different start dates. Ask an attorney to confirm yours.

What Benefits Does California Workers’ Comp Pay?

California workers’ comp pays five types of benefits: medical treatment, temporary disability, permanent disability, a supplemental job displacement voucher and death benefits.

• Medical treatment. Care reasonably required to cure or relieve the injury, paid by your employer’s insurer.
• Temporary disability (TD). While you cannot work during recovery, TD pays two-thirds of your average weekly earnings, within state minimums and maximums that adjust each year (§ 4653).
• Permanent disability (PD). If you do not fully recover, a doctor rates the lasting impairment. PD payments depend on that rating, your age and your occupation.
• Supplemental job displacement benefit. A retraining voucher, explained below.
• Death benefits. Dependents of a worker killed on the job receive death benefits, and burial costs are covered. In fatal workplace accidents caused by someone other than the employer, the family may also have a wrongful death claim.

If you and the insurer disagree about your medical condition or disability rating, a Qualified Medical Evaluator (QME), a doctor certified by the state, examines you and writes a report. A represented worker can instead agree with the insurer on an Agreed Medical Evaluator.

What Is the $6,000 Voucher?

The $6,000 voucher is California’s supplemental job displacement benefit. You qualify if your injury happened on or after January 1, 2013, it left you with a permanent partial disability, and your employer does not offer regular, modified or alternative work paying at least 85% of your previous wages for at least 12 months. The voucher pays up to $6,000 in total for retraining or skill enhancement at state-approved or accredited schools (Lab. Code § 4658.7). It is not a cash payment; it covers school costs such as tuition, fees and books.

Can I Sue My Employer for a Work Injury?

Usually not. Workers’ comp is the exclusive remedy against your employer in California, so you generally cannot sue your employer for negligence (§ 3602). The law makes a few exceptions:

• The employer willfully physically assaulted you.
• The employer fraudulently concealed your injury and its connection to the job, and the concealment made the injury worse.
• You were hurt by a defective product your employer manufactured and sold to others.
• The employer was illegally uninsured. You can then sue the employer in civil court and also seek benefits through the state’s Uninsured Employers Benefits Trust Fund (§ 3706).

Even when your employer is protected, another company often is not. That is where a third-party claim comes in.

When Can I File a Third-Party Lawsuit?

You can file a third-party lawsuit when someone other than your employer or a co-worker caused or contributed to your injury. It runs alongside your workers’ comp claim and must be filed within two years. Common third parties in Los Angeles work injuries:

• Other drivers. Delivery, sales and service workers are often hit on LA’s freeways and surface streets. Claims for crashes while driving for work can include an at-fault driver’s insurance.
• Property owners. If you slip or trip at a client’s business or in a building your employer does not control, falls on another party’s property can support a premises liability claim.
• Product makers. A defective forklift, ladder, saw guard or safety harness can make the manufacturer liable.
• Public agencies. A dangerous public road or a government vehicle can lead to a claim with a six-month filing window.

California uses pure comparative fault, so your share of the blame reduces a third-party recovery but does not bar it. These cases follow the same negligence rules as other injury claims, covered on our personal injury lawyer Los Angeles page.

Los Angeles Construction Accident Attorney for Third-Party Claims

Construction workers have more third-party options than most, because several companies share control of the same job site. Your employer may be protected by the exclusive remedy rule, but these parties may also be responsible. California limits when a general contractor or property owner is liable to a subcontractor’s employee, so the facts of who controlled the work matter:

• General contractors who kept control over site safety, scheduling or fall protection and whose decisions contributed to the injury.
• Subcontractors whose crews created the hazard, such as unsecured materials or an unguarded floor opening.
• Equipment makers and rental companies that supplied defective scaffolds, lifts, cranes or power tools.
• Property owners and developers who knew about a hidden dangerous condition that the contractor could not reasonably have discovered, and did not disclose it.

Every California employer must provide a safe workplace (§ 6400). After a serious accident, Cal/OSHA inspection reports and citations can become key evidence. A construction site accident attorney in Los Angeles should secure photos, site logs and witness names early, before the site changes.

Los Angeles Workplace Accident Lawyer for Port, Warehouse, Film and Healthcare Workers

Work injuries in Los Angeles follow the region’s economy. Statewide, transportation incidents (114 deaths) and falls, slips and trips (94) were the two leading causes of fatal work injuries in California in 2024, out of 419 in total, according to the U.S. Bureau of Labor Statistics. Those are California-wide figures, not Los Angeles counts.

• Ports of Los Angeles and Long Beach. Crane, container and truck-yard injuries. Some dockworkers are covered by the federal Longshore and Harbor Workers’ Compensation Act rather than state comp, which changes the forms and deadlines.
• Warehouses and logistics. Forklift strikes, falling stock and repetitive lifting injuries in distribution centers.
• Construction. Falls from scaffolds and ladders, trench collapses and struck-by injuries.
• Film and TV production. Rigging, stunt and set-construction injuries, often made worse by long shifts.
• Healthcare. Back injuries from lifting patients, needlesticks and workplace violence.

Whatever the industry, a work injury lawyer in Los Angeles should ask one question early: was anyone besides your employer involved?

How Pacific Law Firm Handles Your Case

If you are comparing workplace accident lawyers in California, ask whether the firm will handle both claims. Pacific Law Firm does, so the lien, the settlement and the timing are planned together. Having one workers’ comp attorney in Los Angeles on both sides of the case also means you tell your story once.

1. Free case review. We learn what happened, what you have been paid and what you have been denied.
2. Comp claim. We help with your DWC-1, file your WCAB application and deal with the insurer.
3. Investigation. We look for third parties, request Cal/OSHA records and preserve evidence.
4. Medical support. We help you prepare for QME evaluations and document your restrictions.
5. Resolution. We negotiate both claims together, including the insurer’s reimbursement claim, or take them to hearing or trial.

Aria Noosha, founder and managing attorney, personally guides strategy on every case. A Harvard Law School graduate licensed in California since 2021, Aria works with clients in English, Spanish and Farsi.

Talk to a Workers’ Compensation Lawyer in Los Angeles

The deadlines start on the day you are hurt. Call 855-722-5290 or request a free case review to find out which claims you have and how to protect each one.

Frequently Asked Questions

How much does a workers’ comp lawyer cost in California?

You pay nothing upfront. A workers’ comp attorney’s fee must be approved by a workers’ compensation judge and is paid as a percentage of your benefits or settlement, not charged to you directly. For a third-party lawsuit, Pacific Law Firm works on contingency, so there is no fee unless you recover.

Can my employer fire me for filing a workers’ comp claim?

Not for filing the claim. Labor Code § 132a makes it illegal to fire, demote or otherwise discriminate against a worker for filing a claim or for having a work injury. A worker who proves retaliation can receive a 50% increase in compensation (up to $10,000), reinstatement, and lost wages and benefits.

Can I get workers’ comp and sue a third party at the same time?

Yes. A workers’ comp claim does not stop you from suing a negligent contractor, driver, property owner or product maker. Your employer’s insurer can be reimbursed from the third-party recovery for benefits it paid, so the two cases should be coordinated.

Do I need a lawyer for a workers’ comp claim?

No, the law does not require one, and the state’s Information and Assistance officers can answer basic questions for free. A lawyer helps most when a claim is denied, a disability rating is disputed, a QME is involved, a settlement is offered or a third party may share the blame.

Does the Pacific Law Firm have an office in Los Angeles?

No. Our office is at 535 Mission St #14 in San Francisco, and we represent clients throughout Los Angeles County.

This page is general information, not legal advice. Contacting Pacific Law Firm does not create an attorney-client relationship.