What does workers' comp cover?

Workers' comp covers medical expenses, lost wages, rehabilitation, and disability benefits resulting from workplace injuries.

How is workers' comp calculated?

Workers' comp is calculated based on your average weekly wage and the severity of your injury, usually as a percentage of wage loss benefits.

Can I sue workers' comp for pain and suffering?

No, you cannot sue workers' comp for pain and suffering because workers' comp laws exclude non-economic damages.

Can you collect workers' comp after being fired?

Yes, you can collect workers' comp after being fired if your injury occurred while you were still employed.

Should I settle my workers' comp case?

You should settle your workers' comp case if the settlement fully covers future medical and wage loss needs.

Can I return to work while receiving workers' comp?

Yes. You can return to work while receiving workers’ comp if the job meets your doctor’s restrictions and the employer provides suitable accommodations.

What should I do if my claim is denied?

Consult an Oakland workers’ compensation appeals lawyer immediately. You have 20 days to file an appeal, and quick action can make a great difference.

What is personal injury vs workers' comp?

Personal injury vs workers' comp differs in that personal injury requires proving fault, while workers' comp does not.

What is workers' comp fraud?

Workers' comp fraud is intentionally lying or exaggerating to receive benefits or avoid employer costs.

OAKLAND WORKERS COMPENSATION LAWYER

If you’ve suffered a workplace injury in Oakland, our experienced workers’ compensation attorneys are here to help you navigate the claims process and protect your legal rights.

Why Hire Our Oakland Workers' Compensation Lawyer?

A workplace injury in Oakland rarely waits for a convenient moment. One day, you are working a shift at the Port, on a construction site, or on a hospital floor, and the next, you are facing medical bills while your employer’s insurance company decides what your injury is worth.

Attorney Roy Yang has represented injured California workers since 2004. Before that, he worked on the other side of the table, defending insurance carriers in workers’ compensation claims. That background works for you now: he built the same denial and delay files that Oakland insurers use today, and he knows how to take them apart.

Call (888) 975-2889 for a free, no-obligation consultation. We review your claim and tell you exactly where it stands, the same day you call.

      EXCELLENT  
   Based on 58 reviews 
    
 
 
 
   
 
 
      Posted on Google  
   
   gregg sparkman 
 
 
 Trustindex verifies that the original source of the review is Google. I would highly recommend the law office of Roy Yang. They where all very professional and helpful. Explained everything thoroughly and gave me peace of mind.
  
 
     Posted on Google  
   
   Marco Velasquez 
 
 
 Trustindex verifies that the original source of the review is Google. I was very satisfied with the legal services I received. From the very beginning, they demonstrated expertise in the field and, most importantly, resolved my situation much faster than I expected. If you're looking for results and excellent service, this is the place to go.

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   Mario Figueroa 
 
 
 Trustindex verifies that the original source of the review is Google. I am a client of Roy Yang's Law Office. They have been handling my case for over two years. The customer service provided by Sandra and Jennifer has been exceptional. I highly recommend them to the Latino community if they have had a workers' compensation experience. Sandra guided me through the entire process with complete sincerity and dedication. She is one of the best.

(Translated by Google, see original)
  
 
     Posted on Google  
   
   Juan Ramón Cubas cantillano 
 
 
 Trustindex verifies that the original source of the review is Google. At Roy Yang's law office, I received the necessary assistance with my workplace accident case. They have extensive experience, and I personally felt very well taken care of. Whenever I called with a question, I was always very well attended to, especially by Ms. Sandra, who was very kind, always cordial, and willing to help me resolve any issues. I recommend Roy Yang's law office 100%. I am truly satisfied with the work done on my case. I wish everyone at the office much success and abundant blessings. Oh, and one more thing I almost forgot: they are a great help to our Latino community. Don't hesitate to contact them; they will assist you kindly and in Spanish.

(Translated by Google, see original)
  
 
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   Brian Williams 
 
 
 Trustindex verifies that the original source of the review is Google. Helped to Settle my Work Comp case within 4 months of Adjucation for a Nice Amount Very Fast for work compensation stuff I would recommend. 5 stars
  
 
     Posted on Google  
   
   Guero Garcia 
 
 
 Trustindex verifies that the original source of the review is Google. I got injured at work in 2023 and got terminated i went to Mr. Roy Yang. I tell u hes a friendly kind straight up person he dont beat around the bush and straight to the point. And all i can say is thank u Mr. Yang for ur time and getting me a great settlement. I highly recommend him
  
 
     Posted on Google  
   
   Isaiah 
 
 
 Trustindex verifies that the original source of the review is Google. Very good law firm from start to end Mr. Roy and his team makes sure you receive all medial care needed with a positive outcome very pleased with this firm returning client
  
 
     Posted on Google  
   
   Jack D 
 
 
 Trustindex verifies that the original source of the review is Google. The end result was solid, even though it took awhile to get there. My case worker, Sandra, was absolutely fantastic. She communicated well, was patient, and very kind and helpful. Definitely the best part of my experience. While I really only dealt with Roy Yang two times during the roughly 2 year process from start to finish, both times he was offputting and dismissive. His opening salvo the first time I spoke with him after signing up was basically "whatever your expectations are, lower them", which isn't really what one wants to hear from their attorney at the get-go. The 2nd time I spoke with him, we had a meeting regarding how to move forward with the case, which had basically been in limbo. I questioned why the associated costs of surgery weren't being picked up by the insurance company, to which he alarmingly  answered "what surgery"? He then stated he had no information on that doctor's visit and summary, and I needed to call the doctor to get the proper records. I spent 3+ hours of my day off getting these records, signing release forms, and going back and forth with the doctor's office, only to find out that they had them the entire time. He just wasn't organized or prepared properly. He had no real plan to increase the C&R value of my case after the initial appraisal of my case was a low dollar value, as the insurance company had no interest in covering surgery for a C&R. I had to come up with my own plan to get the insurance company to cover the cost of surgery, which ended up working out, luckily. If I had just followed his lead and left him to his own devices, I would have ended up with about half of the value of what I ended up getting. I asked my case worker to just deal with her only from that point forward until we concluded the case. If it wasn't for Sandra and all of her hard work, this case likely wouldn't have gone well. I understand that in order for Workers Comp litigation to be profitable, that these firms need to take on a disproportinate amount of cases. A little more care and attention to detail from the actual lawyers would go a long way here, though. To the individual looking for representation, this is likely going to be their ONLY case dealing with Workers Comp, and it can be an important and life altering experience. The ONLY reason I'm not giving a lower score is due to Sandra and the rest of the office/case worker staff for going so far above and beyond my expectations. They, especially Sandra, were fantastic and really made the experience a positive one, despite my reservations about the attorneys.
  
 
     Posted on Google  
   
   YVONNE M Moody 
 
 
 Trustindex verifies that the original source of the review is Google. He was a GREAT HELP to us with our case..I would recommend him...Thank you to Mr Yang and staff, for everything!!
  
 
     Posted on Google  
   
   Andrew 
 
 
 Trustindex verifies that the original source of the review is Google. The front desk and everyone else were very helpful and accommodating. I walked in without any appointment or phone call, showed a few documents, and they took my case immediately. You will be in good hands here.
  
 
     Posted on Google  
   
   Ulises 
 
 
 Trustindex verifies that the original source of the review is Google. They are very professional, thank you for helping me. I would recommend them.

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     Posted on Google  
   
   Lilián Quiroa 
 
 
 Trustindex verifies that the original source of the review is Google. The Law Office of Roy Yang, especially the assistant Sandra, offered me very attentive and professional service. I highly recommend them with the certainty and confidence of knowing that they will provide the help and assistance you need in any case related to work injuries.

(Translated by Google, see original)
  
 
     Posted on Google  
   
   Larry Miles 
 
 
 Trustindex verifies that the original source of the review is Google. I am pleased with Roy Yang's office, they work hard and will get things done... They kept in contact with me through the entire process they do a great job
  
 
     Posted on Google  
   
   Thomas Stokley 
 
 
 Trustindex verifies that the original source of the review is Google. Not the best with communication, but took care of everything i needed. Trust the process, roy has you covered
  
 
     Posted on Google  
   
   LibbyLuvDaKids 
 
 
 Trustindex verifies that the original source of the review is Google. They are handling my case, and at first I wasn’t feeling the communication at all. It felt nonexistent, but we had a sit-down and they explained how their office works. Now that I understand (and I wish they would’ve started with that), I feel 100% confident in their law office.
  
 
 
  
 
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Remarkable Settlements

Past results do not guarantee or predict future outcomes. Each case is different and depends on its specific facts and circumstances.

What Sets Law Offices of Roy Yang Apart

21+ years representing injured California workers in workers' compensation law
Former insurance-defense attorney who knows how insurers evaluate and deny claims from the inside
15% WCAB-approved contingency fee, below the 33% rate common in other injury claims, and you pay nothing unless we win
Free, no-obligation consultation by phone or video
Bilingual representation in English and Spanish
4.5/5.0 Google rating from verified client reviews

What Workers' Compensation Covers in Oakland, California

California workers’ compensation covers medical treatment, lost wages, and disability payments for any injury or illness connected to your job, regardless of who caused it.

Key workers’ comp benefits include:

Medical care: doctor visits, surgery, hospital stays, and physical therapy tied to the injury
Temporary disability payments: two-thirds of your average wages while you recover and cannot work
Permanent disability payments: compensation for lasting impairment after maximum medical improvement
Supplemental job displacement vouchers: retraining funds when you cannot return to your previous job
Death benefits: support for surviving spouses and dependent children, including funeral costs

The state runs this system as a no-fault program through the Workers’ Compensation Appeals Board, and eligibility for workers’ comp extends to most California employees regardless of immigration status or employment type. You qualify for benefits even when your own carelessness contributed to the injury, and you give up the right to sue your employer directly in exchange.

Injured on the Job?

Find the right lawyer. Call our Oakland workers’ comp expert now.

A workplace injury can turn your life upside down. Let our experienced workers’ compensation attorneys help you navigate the claims process. Contact us today for a free, no-obligation case evaluation.

Workplace Injuries Covered by Oakland Workers' Compensation

Oakland’s port operations, warehousing, construction, healthcare, and food service industries generate significant workers’ compensation claims in the city. The Port of Oakland supports nearly 100,000 local jobs across the Oakland Seaport, Oakland International Airport (OAK), and surrounding logistics operations, making workplace injuries from heavy lifting, forklift operation, and machinery contact constant risks for workers in these sectors. (Economic Report: Port of Oakland, 2023)

Port and warehouse logistics: Forklift collisions, crush injuries, and cumulative lifting strain from repetitive load handling.
Construction accidents: Falls from elevation, scaffolding failures, and tool or equipment contact injuries on Oakland job sites. Cumulative injuries from repetitive motion, including back deterioration, carpal tunnel, and shoulder impingement, count as compensable work injuries under California law even when no single incident caused them.
Healthcare: Patient-handling injuries, needle sticks, and bloodborne pathogen exposure among nurses and home health aides.
Retail and food service: Slip and fall injuries and repetitive strain from continuous standing, lifting, and food preparation.
Occupational illness: Hearing loss, respiratory disease, and toxic chemical exposure that develop over months or years of workplace exposure.

Whatever your industry, the same legal protections apply. See the full list of workplace injuries covered by workers’ compensation.

How to File a Workers' Compensation Claim in Oakland

To file a workers’ compensation claim in Oakland, follow the standard California workers’ compensation claim process: report the injury to your employer, complete the DWC-1 claim form, and submit it within the state’s filing deadlines.

Report the injury to your employer within 30 days of the date you knew or should have known it was work-related, under Labor Code section 5400.
Request and complete the DWC-1 claim form. Your employer must provide it within one working day of learning about the injury.
Submit the signed form to your employer. This opens your claim and starts the insurer’s 90-day investigation window under Labor Code section 5402.
Attend medical evaluations with an approved provider. The claims administrator must authorize up to $10,000 in interim treatment during the investigation.
Monitor your claim & seek legal advice. Track every communication from the insurer, note every deadline, and document any changes to your treatment or pay.
File your Application for Adjudication of Claim with the Oakland Workers’ Compensation Appeals Board, 1515 Clay Street, 6th Floor, Oakland, if your case requires a hearing.

California gives you one year from the date of injury, or from your last benefit payment, to file under Labor Code section 5405. Missing that window inside California’s filing deadlines closes your claim regardless of how strong it is. Contact an attorney at the Law Offices of Roy Yang before the deadline closes your options.

When to Hire an Oakland Workers' Comp Lawyer

You need an Oakland workers’ comp lawyer the moment your claim is denied, your treatment is blocked, or your employer responds to your injury with anything other than support.

Your workers' comp claim is denied or delayed past the insurer's 90-day window
A utilization review doctor blocks your treatment. You have 30 days from that denial letter to request an Independent Medical Review under Labor Code section 4610.5
The insurer uses a pre-existing condition to reduce or deny your benefits, even though aggravation of an old injury still qualifies for compensation
Your employer cuts your hours, demotes you, or fires you after you report an injury. That retaliation is prohibited under Labor Code section 132a.

Most people wait longer than they should before calling. If another firm or doctor has already told you no, that decision is often wrong, and a fresh review can reopen the door. Call (888) 975-2889 before a deadline closes a door. You still have time to walk through.

★★★★★ “If anyone is a skeptic its me! But this firm worked hard to help me & when I told him to settle for less he fought harder for me. The staff is professional & even thru Covid theyre very professional, courteous, & attentive to my case.” Cubas Lol, Google Review

Oakland, CA Workers' Compensation FAQs

Do I Have a Case If the Accident Was Partly My Fault?

Yes. California workers’ compensation covers your injury even when you share fault. The system runs on a no-fault basis, meaning your fault percentage does not reduce your benefits. Two exceptions apply: injuries caused by your own intoxication or an intentionally self-inflicted act are barred under Labor Code section 3600. Outside those two exceptions, partial fault does not disqualify your claim.

Can I Get Workers' Comp If I Am Undocumented?

Yes. California Labor Code does not condition eligibility on immigration status. An undocumented worker can file a DWC-1 claim, receive medical treatment, and collect wage replacement payments. Filing a workers’ compensation claim in California does not trigger a notification to federal immigration enforcement agencies.

What Happens If My Employer Does Not Have Workers' Comp Insurance?

You recover benefits through California’s Uninsured Employers Benefits Trust Fund (UEBTF) when your employer carries no workers’ compensation insurance. The UEBTF pays for your medical treatment and wage replacement directly. The state then pursues your employer for full reimbursement. You file your claim through the Division of Workers’ Compensation. The absence of employer insurance does not eliminate your right to benefits.

Can I Sue a Third Party Instead of Filing a Workers' Comp Claim?

You can do both. A third-party claim against a negligent contractor, equipment manufacturer, or property owner runs alongside your workers’ compensation case. Workers’ compensation addresses your claims against your employer. A third-party lawsuit recovers damages workers’ comp does not pay, including pain and suffering. Both claims run at the same time and do not cancel each other out.

Can My Employer Fire Me for Filing a Claim?

No. Labor Code section 132a prohibits termination, demotion, or other retaliation against an employee for filing a workers’ compensation claim. A violation lets you pursue additional compensation and potential reinstatement, separate from your regular workers’ compensation benefits. Your workers’ comp benefits continue even if you are fired.

What Does It Cost to Hire an Oakland Workers' Comp Lawyer?

Hiring an Oakland workers’ comp lawyer costs nothing upfront. Roy Yang handles cases on a contingency fee basis, capped at 15 percent under Labor Code section 4906 and subject to WCAB approval. Medical-legal evaluation costs, records requests, and filing fees are advanced by the firm and recovered only from your settlement. You pay nothing if there is no recovery.

See more answers in our full workers’ compensation FAQ.

Injured on the Job?

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What Our Clients Say

Mr Yang and his entire team were very professional and well qualified to handle my case. A positive outcome with a fast response time. He was very attentive and caring. Thank You so much for your time and all of your hard work.

I am so pleased with this law firm. He was attentive and actually cared. Very genuine. They get right back to you and walk you through process. Awesome group!!!

If anyone is a skeptic its me! But this firm worked hard to Help me & when I told him to settle for less he fought harder for me. The staff is Professional & even thru Covid theyre very professional, Courteous, & Attentive to my case & situation. Thank You soooo Much For your time.

On behalf of Dwayne Sweeney I am writing this review for Esq. Yang and his office. He provided prompt professional service willing to listen to your concerns and served diligently with a positive outcome I recommend him highly.

Attorney Roy Yang

Founding Attorney

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Injured in the Workplace? Talk to Us Now.

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Talk to an Oakland Workers' Comp Lawyer

Whether you are filing for the first time, recovering from an injury, or facing a denied claim, the Law Offices of Roy Yang is here to help. Our office will review your claim free of charge. We assist with understanding procedural requirements, answering questions, and addressing paperwork and claim-related issues throughout the process.

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OAKLAND WORKERS COMPENSATION LAWYER

Why Hire Our Oakland Workers' Compensation Lawyer?

Remarkable Settlements

Construction Accident

Warehouse Accident

Farming Accident

Industrial Accident

What Sets Law Offices of Roy Yang Apart

What Workers' Compensation Covers in Oakland, California

Workplace Injuries Covered by Oakland Workers' Compensation

How to File a Workers' Compensation Claim in Oakland

When to Hire an Oakland Workers' Comp Lawyer

Oakland, CA Workers' Compensation FAQs

Do I Have a Case If the Accident Was Partly My Fault?

Can I Get Workers' Comp If I Am Undocumented?

What Happens If My Employer Does Not Have Workers' Comp Insurance?

Can I Sue a Third Party Instead of Filing a Workers' Comp Claim?

Can My Employer Fire Me for Filing a Claim?

What Does It Cost to Hire an Oakland Workers' Comp Lawyer?

Talk to an Oakland Workers' Comp Lawyer

OAKLAND WORKERS COMPENSATION LAWYER

Why Hire Our Oakland Workers' Compensation Lawyer?

Remarkable Settlements

Construction Accident

Warehouse Accident

Farming Accident

Industrial Accident

What Sets Law Offices of Roy Yang Apart

What Workers' Compensation Covers in Oakland, California

Workplace Injuries Covered by Oakland Workers' Compensation

How to File a Workers' Compensation Claim in Oakland

When to Hire an Oakland Workers' Comp Lawyer

Oakland, CA Workers' Compensation FAQs

Do I Have a Case If the Accident Was Partly My Fault?

Can I Get Workers' Comp If I Am Undocumented?

What Happens If My Employer Does Not Have Workers' Comp Insurance?

Can I Sue a Third Party Instead of Filing a Workers' Comp Claim?

Can My Employer Fire Me for Filing a Claim?

What Does It Cost to Hire an Oakland Workers' Comp Lawyer?

Talk to an Oakland Workers' Comp Lawyer

Injured on the Job? Contact Us.