Injured on the job in California? Understanding your legal options and potential compensation is critical. Whether you're pursuing workers’ compensation or considering a lawsuit, this page answers the most common questions about workplace injury claims in California—so you can make informed decisions and protect your future.
There’s no fixed amount. Settlements depend on the severity of the injury, your medical needs, lost wages, and whether you have any lasting disability. Some cases settle for a few thousand dollars, while others reach six figures or more.
If you’re approved for temporary disability through workers’ comp, you typically receive two-thirds (66%) of your average weekly wages—up to a state-set maximum.
Settlements are paid either as a lump sum or in structured payments. There are two types:
Stipulated Award: Ongoing payments with future medical care covered.
Compromise & Release: A lump sum that usually ends your right to future care.
In most cases, you can’t sue your employer directly if they have workers’ comp insurance. However, if a third party (e.g., equipment manufacturer or subcontractor) caused the injury, you may be able to pursue a civil lawsuit for full damages, including pain and suffering.
Many settlements range between $10,000 and $50,000, but serious injuries can result in much higher amounts. Each case is unique and depends on factors like disability rating, treatment costs, and your job’s wage level.
If your employer lacks workers’ comp insurance—or if a third party shares fault—it may be worth exploring a lawsuit. Otherwise, workers’ comp is usually your exclusive remedy, but it still offers medical and wage-loss benefits.
Generally, no. Workers’ compensation does not cover pain and suffering. However, if a third party’s negligence caused your injury, you may be able to sue them and recover compensation for pain, emotional distress, and other noneconomic damages.