Workers’ compensation in California protects employees who suffer job-related injuries or illnesses. The law provides access to medical care and partial wage replacement regardless of who was at fault when the injury arises from work.
But confusion is common. Misinformation from coworkers, supervisors, or online forums can blur the truth. These common myths and misconceptions about workers’ compensation often delay benefits or harm legitimate claims.
To help, we’re breaking down 16 common misconceptions about workers’ compensation in California, so you can understand your rights and take confident, informed steps after a workplace injury.
Myth 1: You Can Get Workers’ Comp Only If the Injury Happened at a Job Site
Many workers mistakenly believe they can only receive workers’ compensation if their injury occurred inside the workplace. In reality, California Labor Code 3600 covers injuries that arise out of and occur during the course of employment, regardless of where they happen.
You’re still eligible if the injury happens off-site while performing work duties. For example, you may be covered if:
- You’re injured while driving between job sites on assignment.
- You strain your back carrying supplies for a required off-site task.
- You slip and fall during a client visit or delivery route.
However, standard commuting to and from work is generally not covered unless an exception applies, and injuries during purely personal errands are typically excluded.
Myth 2: You Can’t File a Claim If the Injury Was Your Fault
Fault does not prevent you from receiving workers’ compensation in California. The system follows a no-fault model, meaning you’re eligible for benefits as long as the injury happened while performing job duties, even if your own actions contributed to the accident.
For example, if you slipped while rushing to meet a deadline or lifted something improperly and strained your back, you’re still covered. Mistakes on the job do not disqualify you.
Benefits may be denied only in limited situations, such as when the injury was caused by intoxication, a physical fight you started, or intentional self-harm.
Myth 3: Part-Time, Temp, or Seasonal Workers Aren’t Eligible for Benefits
You don’t need to be a full-time employee to qualify for workers’ compensation in California. Coverage applies to most workers, including part-time, temporary, and seasonal employees, as long as they are legally classified as employees under California law.
Workers’ comp eligibility depends on how you’re classified, not how many hours you work. Here’s a general breakdown:
| Usually Covered | Who Might Not Be Covered |
|---|---|
|
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If you’re unsure how you’re classified, it’s important to review your actual work relationship, not just your job title.
Myth 4: Filing a Workers’ Comp Claim Can Get You Fired
Firing or retaliating against an employee for filing a workers’ compensation claim is illegal in California. Labor Code 132a protects workers from termination, discrimination, or threats for reporting a work-related injury or seeking benefits.
Retaliation sometimes may also show up in more subtle ways, such as:
- Sudden write-ups or unexplained discipline.
- Removal from projects or work schedules.
- Increased scrutiny or negative treatment after the injury report.
If these actions are linked to your workers’ comp claim, they may violate California law. You have the right to report a workplace injury without fear of losing your job or facing retaliation.
Myth 5: You Can Only File a Claim for Major or Traumatic Injuries
You don’t need a catastrophic accident to file a valid workers’ compensation claim in California. The law covers a wide range of injuries, including those that develop slowly over time through repetitive motion or overuse.
Examples of covered injuries include:
- Sprains or strains from lifting
- Back or shoulder pain that develops over weeks
- Tendonitis or overuse injuries
- Carpal tunnel symptoms
- Gradual joint or muscle pain
These are considered cumulative trauma injuries, and they’re fully compensable under California law.
Workers’ comp may also apply to internal injuries, toxic exposures, or workplace-related stress, depending on your case. An experienced workers’ compensation lawyer can determine if your injury qualifies and help ensure your claim is supported with proper medical documentation.
Myth 6: If You Have a Pre-Existing Condition, You Are Automatically Disqualified
Having a pre-existing condition does not automatically disqualify you from receiving workers’ compensation in California. What matters is whether your job duties worsened, aggravated, or accelerated that existing condition.
For example, if you had an old knee injury and constant bending at work caused it to flare up again, you may still be eligible for benefits. The key is showing that your current job made the condition worse or triggered new symptoms.
In these cases, medical evidence and legal documentation are especially important.
Myth 7: Workers’ Comp Doesn’t Cover Mental Health Conditions Like Stress or PTSD
Psychological conditions like stress, anxiety, PTSD, or depression can be covered under California workers’ compensation law if certain legal and medical criteria are met.
To qualify, a mental health claim must meet all of the following:
- A diagnosed psychiatric condition from a licensed professional.
- Medical evidence showing the condition is work-related.
- Work must be the predominant cause of the mental injury (more than 50%).
- The worker has been employed for at least six months (unless a sudden, extreme event caused the injury).
Mental health claims require more documentation than physical injuries, but they are valid when caused by work.
Myth 8: Workers’ Compensation Only Pays for Medical Bills
Workers’ compensation in California offers more than medical treatment. It includes benefits that support recovery, income replacement, retraining, and when needed long-term disability assistance.
Main types of workers’ comp benefits include:
- Medical Treatment: All reasonable care needed for your job-related injury.
- Temporary Disability: Wage replacement while you’re unable to work or working reduced hours.
- Permanent Disability: Compensation for lasting physical or mental impairment.
- Supplemental Job Displacement Benefit (SJDB): A voucher for vocational training, retraining programs, or education if you can’t return to your previous job.
- Death Benefits: Financial support for dependents when a worker dies due to a job-related injury.
The exact benefits you receive depend on the nature and severity of your injury, medical findings, and your ability to return to work.
Myth 9: You Have to Go to Court to Get Workers’ Comp Benefits
Most workers’ compensation claims in California are resolved without ever going to court. If the injury is reported on time, your records are clear, and there’s no major dispute, benefits are typically approved and processed through the insurance system.
Court involvement usually happens only when there’s a disagreement, such as:
- A denied claim
- A dispute over whether the injury is work-related
- Conflicts about medical treatment or the amount of benefits owed
These cases are handled through the Workers’ Compensation Appeals Board (WCAB), which reviews disputes between injured workers and insurance companies. Even then, many cases settle without a formal trial.
Myth 10: You Can Sue Your Employer for a Work Injury
In most cases, you cannot sue your employer for a work-related injury in California. The state’s workers’ comp system is considered an “exclusive remedy,” meaning it provides no-fault benefits in place of suing your employer for negligence.
However, there are limited situations where a lawsuit may still apply, including:
- A third party (like a driver, contractor, property owner, or manufacturer) caused the injury.
- Your employer failed to carry workers’ compensation insurance.
- There was intentional harm or egregious misconduct by the employer (rare).
Workers’ comp covers medical treatment, wage replacement, and permanent disability. In contrast, third-party lawsuits may offer additional damages such as pain and suffering or full wage loss not covered by comp.
Myth 11: Workers’ Compensation Claims Are Mostly Denied
Most legitimate workers’ comp claims in California are approved, especially when injuries are clearly work-related and properly reported. Denials typically happen when there are issues with documentation, timing, or medical clarity, not because the system is designed to reject claims.
Common reasons for claim denial include:
- Failing to report the injury to your employer within 30 days (Labor Code § 5400).
- Missing the statute of limitations to file a claim typically 1 year from the date of injury, last medical treatment, or last benefits received (Labor Code § 5405).
- Medical records that don’t clearly link the injury to your job.
- Incomplete or inconsistent injury descriptions or treatment history.
- Missed appointments or long gaps in medical care.
A denial doesn’t mean the claim is over. California law gives injured workers the right to appeal the decision through a formal review process, which may lead to approval if proper evidence is provided.
Myth 12: Your Employer Decides Whether Your Claim Gets Approved
Your employer does not decide whether your workers’ compensation claim is approved. Their role is to report the injury, not to approve or deny benefits.
Here’s how the claim process actually works:
- The insurance company or claims administrator reviews the case and decides whether to accept or deny the claim.
- Your treating doctor provides medical evaluations that determine your work status, disability level, and care needs.
- Approval is based on documentation, medical evidence, and legal criteria not your employer’s opinion.
Even if your boss discourages you from filing, delays paperwork, or disputes the injury, that doesn’t give them the power to reject the claim. Workers’ comp in California is governed by law, not by your supervisor’s discretion.
Myth 13: You Can Only See the Doctor Your Employer Chooses
You are not required to keep seeing the doctor your employer initially selects after a work injury. In California, your employer may direct care through a Medical Provider Network (MPN), but you have the right to choose any treating doctor within that network after the first visit.
If your employer doesn’t use an MPN, you may have the right to switch doctors after 30 days from reporting the injury unless you had predesignated your personal physician in writing before the injury occurred.
Here’s an example:
If you begin treatment with one MPN doctor but feel unheard, need a second opinion, or require a different specialty, you can change providers within the MPN. This flexibility ensures your treatment meets your needs, not just your employer’s preference.
Myth 14: Returning to Light Duty Ends Your Workers’ Comp Claim
Returning to light or modified duty does not close your workers’ comp claim. Your claim remains open as long as you still require medical treatment, have ongoing work restrictions, or are being evaluated for permanent disability.
Here’s what light duty may affect:
- Your temporary disability payments may stop or be reduced.
- Your work status changes, but your claim status does not.
- You may still need follow-up care, therapy, or job accommodations.
Myth 15: Workers’ Comp Covers Pain and Suffering
California workers’ compensation does not pay for pain and suffering. It’s a no-fault benefits system not a personal injury lawsuit, so compensation is limited to specific categories like medical treatment, wage loss, and permanent impairment.
Unlike personal injury claims, workers’ comp does not cover:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
These types of damages are only available through a personal injury lawsuit, usually in cases involving a negligent third party, such as a driver, contractor, or product manufacturer.
Myth 16: Workers’ Comp Is Only for Large Companies
California workers’ compensation law applies to nearly all employers, no matter the size of the business. If a company has even one employee, it is generally required to carry workers’ comp insurance under Labor Code § 3700.
That means employees of small businesses, family-owned shops, restaurants, or local contractors are all typically covered. The size of the company doesn’t determine your right to benefits; the law does.
If you’re injured while working for a small employer, you still have the right to file a claim for medical treatment, lost wages, and other benefits. If your employer failed to carry insurance, you may still be able to recover benefits through California’s Uninsured Employers Benefits Trust Fund (UEBTF).
What These Common Workers’ Comp Myths Might Be Costing You
Believing misinformation after a workplace injury can cost you real money, delay your treatment, and even put your benefits at risk. The first few hours and days after an injury are critical and this is when workers often rely on bad advice or myths instead of facts.
Here’s what those misconceptions can lead to:
- Delayed treatment because workers wait to see if the pain “goes away”.
- Lower wage replacement due to late reporting or unclear injury dates.
- Longer benefit approval timelines when medical records don’t line up.
- Disputes with insurance when injury details change or aren’t documented clearly.
Acting on bad information can delay benefits, complicate your case, or reduce what you’re entitled to recover.
FAQs About California Workers’ Compensation Myths
Am I Allowed to Work Another Job While Receiving Workers’ Comp Benefits?
It depends. You are allowed to work another job while receiving workers’ comp benefits only if the job meets your medical restrictions and is fully disclosed. Violating restrictions or hiding income can reduce or end your workers’ comp benefits.
Can Insurance Companies Monitor Me or My Social Media During a Workers’ Comp Claim?
Yes. Insurance companies can monitor you during a workers’ comp claim using surveillance and social media. If your posts or actions contradict your claimed injury, it may affect the outcome of your workers’ comp benefits.
What if I Waited Too Long to Report My Injury - Can I Still File?
It depends. You may still file a workers’ comp claim, but California law requires injury reporting within 30 days. Delayed reporting affects your claim and may lead to the denial of workers’ comp benefits if deadlines are missed.
Is It True That All Workers’ Comp Claims Take Years to Finish?
No. Workers’ comp claims in California do not always take years. Simple claims often resolve faster, while disputed or complex cases with medical reviews or appeals take longer. Most workers’ comp claims follow a standard timeline.
Can I Still File a Claim After I’ve Recovered From My Work Injury?
Yes. You can still file a workers’ comp claim after you’ve recovered, as long as you meet California’s filing deadline. Recovery does not affect your right to benefits if the injury was reported and documented properly.
What If My Doctor and the Insurance Company’s Doctor Don’t Agree?
If doctors disagree about your condition or treatment, a Qualified Medical Evaluator (QME) may be appointed to provide a neutral medical opinion under California workers’ compensation law.
Do I Need a Lawyer to File a Workers’ Comp Claim?
No. You do not need a lawyer to file a workers’ comp claim in California. But a qualified workers’ compensation lawyer can help if there’s a denial, dispute, or complex issue by protecting your rights and guiding you through the legal process.
The Last Word on Workers’ Comp Myths for California Injured Workers
Misunderstood workers’ comp facts often lead to delays, denials, or lost benefits. Stay informed, report injuries quickly, and speak with a qualified workers’ compensation lawyer before acting on advice that could cost you your benefits.
