Hiring a Workers' Compensation Lawyer in California
The limits on workers' comp lawyer fees in California, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in California: fee rules
| Rules on contingency fees | California's Rule 1.5 bars unconscionable or illegal fees and lists factors for judging a fee, including whether it is fixed or contingent and whether the client gave informed consent. Under Rule 1.5(c), a lawyer may not charge any fee in a family law matter that is contingent on securing a dissolution or nullity of marriage or on the amount of spousal or child support or a property settlement, and may not charge a contingent fee to represent a criminal defendant. Chapter 1 PDF: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct-1.pdf |
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| If you disagree with a lawyer's bill | California's Mandatory Fee Arbitration program lets clients dispute an attorney's bill; if the client requests arbitration through the program, the attorney must participate. Most fee arbitrations are run by local county bar association programs where most of the legal services were provided; if there is no local program, the State Bar may provide arbitration. Mediation is also available and is voluntary for both sides. A filing fee applies. Clients do not need a lawyer. State Bar program phone: 415-538-2020. |
| If a lawyer takes your money | The State Bar's Client Security Fund, funded by California lawyers, can reimburse people who lost money or property because a California lawyer committed theft or dishonest conduct. Reimbursement is discretionary and can be up to $100,000 per claim, depending on when the loss occurred. Negligence, malpractice and incompetence, interest, expenses and consequential damages are not covered, and you must be able to prove the lawyer received your money or property. Filing is free and no lawyer is required; filing does not stop statutes of limitations on other remedies. |
California rules to know first
| Lawyer fee limits | In California your workers' comp attorney cannot charge you directly; the fee is paid out of a portion of your workers' compensation benefits, and any award or settlement must be approved by a workers' compensation administrative law judge. Free help is available from local Information & Assistance (I&A) officers, who do not act as your attorney but help you understand how to act on your own behalf. |
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| Deadline to file a claim | Proceedings to collect workers' comp medical treatment or disability benefits must generally be started within one year from the latest of: the date of injury, the end of any period covered by disability payments, or the last date medical treatment benefits were provided. Source: Cal. Labor Code § 5405 |
| Deadline to challenge a denial | Disputed claims: workers' comp disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); a case is started by filing an Application for Adjudication of Claim, generally within one year (see the claim deadline). To appeal a judge's decision, a petition for reconsideration must be received by the WCAB district office that issued it within 20 days from the date the decision was issued, or within 25 days if the decision was mailed to an address in California; the seven-member Appeals Board decides it. The guide text is marked Rev. 06/18 (district list updated 09/2026). |
| Can you sue your employer? | Suing the employer: in California, when the conditions of workers' compensation are met (the worker was an employee, the employer was insured or self-insured, and the injury happened while working and was caused at least in part by the work), workers' comp is the exclusive remedy against the employer. California's official jury instructions list the exceptions under which an employee may sue: the employer's willful physical assault, the employer's fraudulent concealment of the injury that aggravates it, injury from a defective product the employer made and sold, and removal or failure to install a required guard on a power press. Co-employees can be sued only for a willful and unprovoked physical act of aggression or injury caused by their intoxication. The DWC Guidebook for Injured Workers (May 2024) also states workers generally cannot sue the employer for a job injury. |
| Suing someone other than your employer | Suing someone else: the DWC Guidebook for Injured Workers lists a claim or lawsuit against someone other than the employer who caused the injury as another possible source of recovery besides workers' comp. |
| Filing a claim online | In California an injured worker starts a workers' comp claim with the DWC 1 claim form. Your employer must give or mail you the form within one working day after learning of your injury or illness (or you can download it from the DWC forms page). Fill out only the employee section, sign and date it, keep a copy, and return it to your employer in person or by certified mail, return receipt requested. The employer completes its section and sends the form to the insurance company. For help, contact the Division of Workers' Compensation Information and Assistance (I&A) Unit or the DWC Information Services Center at 1-800-736-7401. |
Find and check a lawyer
| Lawyer referral service | The State Bar of California does not run its own referral service ("the State Bar is not a Lawyer Referral Service"); it certifies lawyer referral services that meet standards approved by the California Supreme Court. A certified service can help you decide whether you need a lawyer and, where available, refer you to a local lawyer in good standing with professional liability insurance who handles your type of problem; you do not have to hire that lawyer. "Lawyers referred to you will offer you an initial consultation for a reduced fee or no fee." Find a certified service with the State Bar's online directory by county, area of law and language. The California Courts self-help guide says referral services typically list lawyers who meet for 30 minutes for a small fee (around $40). Courts self-help guide: https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help |
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| Check that the lawyer is licensed | The State Bar of California's "Check Attorney Profile" licensee search is the official tool for looking up California attorneys. |
| Check discipline history or file a complaint | Complaints about attorney misconduct are filed with the State Bar of California through its online complaint application; the bar's Public Trust Liaison Office helps members of the public with questions. Fee disagreements follow a separate fee dispute process. The State Bar also publishes recent disciplinary actions. Recent disciplinary actions: https://www.calbar.ca.gov/public/concerns-about-attorney/recent-disciplinary-actions ; Public Trust Liaison Office: https://www.calbar.ca.gov/public/concerns-about-attorney/public-trust-liaison-office |
Free legal help
| Free legal aid | All California superior courts have free legal self-help programs, where staff give legal information and help with forms but cannot represent you. For non-criminal cases, legal services programs give free or low-cost help depending on your income and type of problem; use LawHelpCalifornia.org to find local legal aid offices. LSC-funded legal aid organizations in California include Bay Area Legal Aid, California Indian Legal Services, California Rural Legal Assistance, Central California Legal Services, Greater Bakersfield Legal Assistance, Inland Counties Legal Services, Legal Aid Foundation of Los Angeles, Community Legal Aid SoCal, Legal Aid Society of San Diego, Legal Services of Northern California and Neighborhood Legal Services of Los Angeles County. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in California · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.