On this page
Each of these pages is built on a rule that applies to that work specifically — not a generic claim guide with a job title at the top.
Three examples:
The law requires hospitals to replace manual patient handling with lift equipment and lift teams — and to train you that you may refuse an unsafe lift.
An unlicensed contractor’s crew is frequently deemed employees of the licensed contractor or property owner who hired them.
The law gives chemical burns to the eyes 240 weeks of temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week. instead of 104 — which matters most in car washes, plating, and food processing.
When a work injury needs a lawyer
Not every injury does, and if yours does not, we will tell you on the phone. These are the moments, in any line of work, when one usually matters.
You were paid in cash, or told you are a contractor.
California presumes anyone performing services is an employee, and whoever hired you has to prove otherwise.
Your employer had no insurance.
You still have a claim. The state fund pays benefits, and you can sue your employer, with negligence presumed.
Your claim was denied or delayed.
Filing the claim form started a 90-day clock, and up to $10,000 in treatment while they investigate.
Your checks stopped, or come late.
The law adds an automatic 10% to any late temporary or permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. payment.
A machine, a vehicle or a property owner played a part.
Workers’ compensation does not pay for pain and suffering. A third-party claim can reach it.
It built up over years, with no accident.
Cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed. is a recognized claim, and the date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this. is when you first suffered disability and knew, or should have known, it was work-related.
You were fired, or threatened, after you got hurt.
Firing you because of the claim is unlawful, and the disability discrimination laws, which require reasonable accommodation, often protect you more.
You are afraid because of your immigration status.
California workers’ compensation covers all workers regardless of immigration status, and threatening you over it is unlawful retaliation.
Call the same day if the claim was denied, you were fired or punished for filing, or more than a year has passed with nothing paid. Those involve deadlines that cannot be fixed once missed.
And when you probably do not need us. If the claim was accepted, treatment is being authorized, payments are arriving every two weeks, and there is no permanent impairment, you probably do not. Every DWCDWC Division of Workers’ Compensation, part of the Department of Industrial Relations. Administers the system. Information Services Center: 1-800-736-7401. district office has an Information & Assistance officer who answers questions and helps with forms at no cost. We will tell you that on the phone, too.
Construction and trades
- ConstructionWhether Privette blocks the case against the general contractor
- Landscaping and tree careCash pay and unlicensed contractors do not remove you from the system
- Utility and telecom line workArc flash is four injuries at once, and a severe burn is on the 240-week list
- Engineered stone and silicosis286 silicosis cases in Los Angeles County, and most fabricators never file
Healthcare and care work
- Healthcare workersCalifornia wrote two regulations specifically for you, and most have never heard of either
- Caregivers and domestic workersMost are covered; the exclusion is narrower than almost anyone believes
Logistics and transportation
- WarehouseThe rate is why you are hurt, and you have the right to get it in writing
- Truck and delivery driversThe classification question, the injuries this work produces, and the third-party case
- Rideshare and app-based driversProp 22, and what you have instead of comp
- Port and longshoreFederal law may apply, and it pays more, with no 104-week cap
- Airport and airline groundRamp noise, baggage handling, jet exhaust, and tarmac heat; most of these claims are never filed
- Transit operatorsBeing the victim of a violent act unlocks a psychiatric rating most workers cannot get
- Waste and recyclingRefuse collection, and sorting lines that add sharps and biological exposure
Hospitality, food, and retail
- Hotel housekeepersFourteen to twenty rooms a shift; usually the shoulder, the lower back, or both
- Restaurant and food serviceTips count; benefits figured from the base hourly rate are wrong
- Grocery and retailThe most valuable claims are the cumulative ones nobody files
- Food processing and packingLine speed, cold, blades, and ammonia
- Casino and gamingAnswer the tribal jurisdiction question first
Manufacturing and technical
- Manufacturing and aerospaceMachine injuries are usually product cases, and amputations get 240 weeks instead of 104
- Auto repair and body shopsIsocyanate sensitization can end a career
- Garment workersPaid by the piece, paid in cash, no records; none of that stops a claim
- Film and TV crewLoan-outs, payroll companies, and who the right defendant is
Service and personal care
- JanitorialTwo things decide most claims: the workload number, and who your employer actually is
- Nail salon and beautyFormaldehyde, MMA, and toluene; the exposure is a claim
- Car washChemicals, heat, and machinery; cash pay does not remove you from the system
- Security guardsFor a lot of guards, workers’ compensation is the only health coverage they have
Public safety
- FirefightersFull salary, and presumptions that shift the burden to the employer
- Police, deputies, and correctional officersFull salary, statutory presumptions, and industrial disability retirement
Full salary instead of a two-thirds check, and presumptions that shift the burden of proof to the department. Several of those presumptions follow you into retirement, which is why a cancer or cardiac diagnosis years after you separated can still be a claim. Almost nobody files them.
Agriculture
- Agricultural workersTwo things decide most cases: the heat claim, and pay during the off-season
Public and office
- School employeesAt least 60 days of industrial accident leaveIndustrial accident leave At least 60 days at full salary for school employees. at full salary
- Office and remote workersIncluding injuries at home, which are often covered
Cross-cutting
- Staffing agency and temp workersYou may have two employers, and both may be liable
The law makes the client employer share liability. Applies across construction, warehouse, agriculture, food processing, hospitality, and manufacturing.
Two things true in every one of these
Immigration status does not affect eligibility. More. Cash payment does not remove you from the system — the law presumes anyone rendering service for another is an employee, and the burden is on the business.
What decides a claim, whatever the job
Every page above turns on the same four things. They are where a claim is won or lost before anyone argues about the injury.
- Who your employer actually is. You may have two employers, and both may be liable: the company an agency sent you to shares liability when the agency fails to insure. An unlicensed contractor’s crew is frequently deemed employees of the licensed contractor or property owner who hired them.
- Whether it happened at work. There does not have to be an accident; cumulative trauma is a recognized claim. And for work at home, California’s personal comfort doctrine reaches further than employers expect.
- What you were actually paid. Overtime, a second job, bonuses, tips, and in-kind wages belong in the earnings your benefits are based on, and they are the most common thing left out. Benefits figured from the base hourly rate are wrong.
- Who else caused it. Machine injuries are usually product cases, and a third-party claim reaches the pain and suffering workers’ compensation does not pay.
If you are hurt at work, what calling us looks like
The pages above tell you which rules apply to your work. A call tells you how they apply to you. You do not need the paperwork to call: tell us what you remember, and the documents can come later.
A FIFTEEN-MINUTE FIRST CALL
We ask what happened, what has been paid, and what has stopped. You sign nothing until we recommend it.
WE COME TO YOU
If getting here is the problem, do not come. An attorney from this firm goes to your home, your hospital room, or your rehabilitation facility, across all four counties.
IN YOUR LANGUAGE
English, Spanish, and Korean, with attorneys and staff fluent in each. At medical appointments, medical-legal examinations, depositions and hearings, the law gives you an interpreter at no cost.
NO FEE UNLESS WE RECOVER
A judge sets the fee, generally 9% to 15% of what is recovered, and you are not responsible for costs we advance if there is no recovery.
Frequently asked questions
I was paid in cash. Am I covered?
Yes. Being paid off the books does not make you not an employee. The law presumes anyone rendering service for another is an employee, and the missing paperwork is your employer’s problem, not your defense. I was paid in cash.
They say I am an independent contractor.
Saying it does not make it true, and the burden is not on you: whoever hired you has to prove otherwise. In construction, an unlicensed person doing work that needs a license is an employee as a matter of law, with two narrow limits. They say I’m an independent contractor.
I am undocumented. Can I file?
Yes. California workers’ compensation covers all workers regardless of immigration status, and threatening you over it is unlawful retaliation. I’m undocumented.
I work through a staffing agency. Who is responsible?
You may have two employers, and both may be liable. The company you were sent to shares liability when the agency fails to insure. Staffing agency and temp workers.
Can they fire me for filing?
Not because of the claim — that is unlawful. But a claim is not a shield against being fired for other reasons, and the strongest protections are often in the disability discrimination laws. Can they fire me?
My job is not on this list.
Call anyway, and tell us what you do. These pages are about the rules that apply to particular kinds of work; the claim itself is explained in the claim, start to finish.
Sources
8 CCR § 5120Labor Code § 2750.5§ 4656(c)(3)§ 4850§ 2810.3§ 3357§ 132a§ 3706§ 3708§ 4650(d)§ 5402(b), (c)§ 5412Government Code § 12940 (disability discrimination)
General information about California law, not legal advice about your case.
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/industries/