Short answer: any physical injury that arises out of and in the course of your employment in California is covered by workers’ compensation, whether it came from a single accident or from years of strain, and whether or not anyone was at fault. Covered injuries include the obvious ones, such as fractures, back injuries and burns, and also aggravation of a pre-existing condition, damage to prosthetics, dentures, eyeglasses or hearing aids in an injury that causes disability, and occupational diseases. Report the injury to your employer within 30 days, ask for the DWC-1 claim form, and file the claim within one year. Abdi & Associates, Inc. represents injured workers throughout California.
What counts as a work-related injury
Labor Code section 3208 defines “injury” to include any injury or disease arising out of the employment, including injury to artificial members, dentures, hearing aids, eyeglasses and medical braces of all kinds when the damage happens in an injury that causes disability or need for treatment. Section 3208.1 divides injuries into two kinds:
- a specific injury, which occurs from one incident or exposure, such as a fall, a lifting injury, a cut, a burn or a crash while driving for work; and
- a cumulative injury, which results from repetitive physically or mentally traumatic activity over time, such as carpal tunnel from years of typing or a back condition from years of lifting. See our page on repetitive motion and cumulative trauma.
The injury must arise out of the employment, meaning the work caused or contributed to it, and occur in the course of the employment, meaning while you were doing something reasonably connected to the job. Work-related aggravation of a pre-existing condition is a new compensable injury, even if the condition existed before, although the insurer may seek to apportion the permanent disability to the prior condition. Psychiatric injuries and compensable consequences of a physical injury are covered under their own rules.
Common physical injuries in California workers’ compensation claims
- back, neck and shoulder injuries from lifting, pushing, pulling and falls, the most common category;
- fractures, dislocations and crush injuries from falls, machinery and vehicle crashes;
- knee and hip injuries from slips, trips and kneeling;
- head injuries and traumatic brain injuries from falling objects and falls;
- spinal cord injuries and paralysis;
- burns, electrical injuries and chemical exposures;
- lacerations, puncture wounds and amputations;
- hearing loss and vision injuries;
- injuries from workplace violence, including assaults on retail, healthcare and security workers.
Examples
Example 1. An office worker walks into the break room, slips on water from a leaking refrigerator, and breaks her arm. The injury arose out of and in the course of employment even though she was on a break, because using the employer’s break room is a normal incident of the job. It is a specific injury.
Example 2. An architect visiting a construction site for his employer is struck by a metal pipe dropped by another contractor’s worker. He has a workers’ compensation claim against his own employer’s insurer, and because a third party caused the injury, he also has a civil claim against the contractor under Labor Code section 3852.
Example 3. A warehouse worker with an old, asymptomatic back condition lifts a box and suffers a disc herniation. The lifting injury is compensable. Forklift strikes, quota-driven lifting and heat illness in warehouses are covered on our page for injured warehouse and forklift workers. The insurer may try to apportion part of any permanent disability to the pre-existing condition, which is a medical question for the evaluating physician.
What benefits a physical injury claim pays
- Medical treatment reasonably required to cure or relieve the injury, with no co-pay and no dollar cap (Labor Code section 4600). See medical benefits.
- Temporary disability of two-thirds of your average weekly wage, up to the annual maximum, while a doctor keeps you off work, for up to 104 weeks within five years (sections 4653 and 4656).
- Permanent disability based on the rated impairment once you are permanent and stationary (section 4658). See permanent disability benefits. Our page on how the rating process starts once you are permanent and stationary explains the step in between.
- A supplemental job displacement voucher of $6,000 if you cannot return to your job (section 4658.7), plus the state’s $5,000 return-to-work supplement.
- Death benefits to dependents when an injury is fatal (section 4702).
The amount of the permanent disability award depends on the extent of the impairment, your occupation, your age and your wages at the time of injury, and on whether the insurer succeeds in apportioning part of the disability to other causes. Our settlement chart shows how permanent disability ratings translate into a settlement.
What to do after a physical injury at work
- Report the injury to your employer within 30 days (Labor Code section 5400). Do it the same day if you can, in writing, to a supervisor; email or a text message is fine. Reporting late can cost you benefits if the employer is prejudiced by the delay.
- Get medical care. In an emergency, go to the nearest emergency room and report afterward. Otherwise ask the employer where to go; the first visit is usually arranged within the employer’s medical provider network. Tell every doctor that the injury happened at work and describe exactly how.
- Complete the DWC-1 claim form. The employer must give it to you within one working day of learning of the injury (section 5401). Fill in the employee section, keep a copy, and return it. Once filed, the insurer must authorize up to $10,000 in treatment while it investigates.
- Keep records. Save every medical report, work status slip, denial letter and benefit notice, and keep a log of missed work and mileage.
- Watch the deadlines. An Application for Adjudication of Claim must be filed with the Workers’ Compensation Appeals Board within one year of the injury or the last benefit paid (section 5405).
- Get advice before you settle. Attorney fees in workers’ compensation are set by the judge and paid from the award; there is no attorney fee up front.
What if I am not sure what kind of injury I have?
You do not have to diagnose yourself or classify the injury before reporting it. Report the symptoms, describe what you were doing, and let the doctors determine whether it is a specific injury, a cumulative injury or both. Many claims involve a specific injury that lit up a cumulative condition, and both should be claimed. What matters is reporting promptly and giving an accurate history.
How Abdi & Associates can help
Abdi & Associates, Inc. represents injured workers throughout California in claims for physical injuries, from the claim form through medical treatment disputes, qualified medical evaluations, permanent disability ratings and settlement or trial before the Workers’ Compensation Appeals Board. We also evaluate whether a third party is responsible so that a civil claim can run alongside the comp claim, and we handle Social Security Disability in-house when an injury ends a career. We work remotely, by phone, video and secure electronic signature, anywhere in the state. Call (888) 772-2529 or, in Spanish, (323) 310-4264.
Related pages
- Los Angeles workers’ compensation attorney
- Repetitive motion and cumulative trauma
- Denied workers’ compensation claims
- Work injury lawyer California
Sources: Cal. Lab. Code §§ 3208, 3208.1, 3600, 3852, 4600, 4653, 4656, 4658, 4658.7, 4702, 5400, 5401, 5402, 5405; DWC-1 Workers’ Compensation Claim Form.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.
