2026 Guide: Navigating Workers’ Comp in California
Written by EDG Partner, Diana Tsudik, this Handbook is aimed to simplify the workers’ compensation system, providing a roadmap through its complexities and helping stakeholders, including claims adjusters, risk managers, and employers navigate challenges with confidence. We hope the handbook will be a resource and support as we navigate the California legal system together.
Get your free Handbook
2026 Guide:
Navigating Workers’ Comp in California
Written by EDG Partner, Diana Tsudik, this Handbook is aimed to simplify the workers’ compensation system, providing a roadmap through its complexities and helping stakeholders, including claims adjusters, risk managers, and employers navigate challenges with confidence. We hope the handbook will be a resource and support as we navigate the California legal system together.
Get your free Handbook
What’s Inside!
TYPES OF INJURIES
- Specific Injury: Labor Code § 3208.1
- Cumulative Trauma: Labor Code § 3208.1
NOTICE OF CLAIM & STATUTE OF LIMITATIONS
- 30-Day Reporting Requirement: Labor Code § 5400
- 1-Year Statute of Limitations: Labor Code § 5405
POST-INJURY OBLIGATIONS
- Claim Form: Labor Code § 5401
- Employer’s Report of Occupational Injury or Illness: Labor Code § 6409.1
- Medical Treatment: Labor Codes § 4600; § 4616
DECISION DATES
- 14 days to decide
- 90 days to investigate
- Presumed Compensability
- Labor Codes § 5402(b) and § 3600(a)
PAYMENT OF INDEMNITY BENEFITS
- Temporary Disability Benefits (TD): Labor Code § 4650
- Temporary Partial Disability (TPD) Benefits: Labor Code § 4654
- Permanent Disability (PD) Benefits: Labor Code § 4650, Labor Code § 4656
- Late Payments: Labor Code § 4650(d)
- Supplemental Job Displacement Benefit (SJDB): Labor Code § 4658.7
- The California Return-to-Work Supplement Program (RTWSP)
MED-LEGAL PROCESS
- When To Initiate a Panel: Labor Code §§ 4060, 4061, 4062
- QME Panel: Labor Code 8 C.C.R. § 30
- The Panel Process: Labor Code 8 CCR § 31.5, Labor Codes § 139.2(h)(1) and 4062.1 and 4062.2
- Types of Panels: Labor Code § 4060, 4061, 4062
- Panel Dispute Process: Labor Code §5502(b)(C)/8 C.C.R. 10552(a)(3); 8 C.C.R 31.1
LITIGATION
- Application for Adjudication: Labor Code § 5501
- 30-Day Deadline to Object: Reg. 10488
- Change of Venue After 30 Days: Labor Code § 5501.6
- Affirmative Defenses: Labor Code § 3600
PYSCHE CLAIMS
- Psychiatric injuries: Labor Code § 3208.3:
- Predominant Cause Standard
- Employment Duration Requirement: Labor Code § § 3208.3 and 4660.1(c)(2)(A)-(B)
HEARINGS
- Declaration of Readiness (DOR)
- Types of Hearings
- Rating Mandatory Settlement Conferences
- Expedited Hearings
- Priority Conferences
APPEALS
- Petitions for Removal: Labor Code § 5310
- Petitions for Reconsideration: Labor Code § 5900
- Petition for Writ of Review (Court of Appeal): Labor Code § 5950
- Petition for Review (Supreme Court): California Rules of Court, Rule 8.500
SETTLEMENTS
- Compromise and Release Agreement (C&R)
- Stipulation with Request for Award (Stip)
- Open Medical Compromise and Release
DEATH BENEFITS
- Burial Expenses: Labor Code § 4701
- Death Benefits: Labor Code § 3501
- Distribution of Benefits: Labor Code § 4703.5, Labor Code § 4704
SANCTIONS
- Failure to Provide Timely Medical Treatment: Labor Code § 5402(c)
- Penalties for Delayed or Missed Temporary Disability (TD) Benefits: Labor Code § 4650(d), Labor Code § 5814
- Failure to Pay Permanent Disability (PD) Benefits: Labor Code § 4650(b), 5814
- Failure to Issue the SJDB Voucher: Labor Code § 4658.7
- Failure to Issue Claim Decisions Within 90 Days: Labor Code § 5402(b)
- WCAB Sanctions for Bad Faith Conduct: Labor Code § 5813; 8 CCR § 10561
- Summary of penalties and recommended practices (Chart)
LIENS
- Employment Development Department
- When Defendant is Obligated to Pay:
- Other Liens
- Impact of Lien on Settlement
- Statewide Average Weekly Wage (Chart)
- Mileage Reimbursement (Chart)
MISCELLANEOUS
- Unique Aspects of California’s Workers’ Compensation System: Labor Code Section 132a, 3212, 3212.3 to 3212.5
- State Government Resources
Preview what’s inside!
Table of Contents
TYPES OF INJURIES
- Specific Injury: Labor Code § 3208.1
- Cumulative Trauma: Labor Code § 3208.1
NOTICE OF CLAIM & STATUTE OF LIMITATIONS
- 30-Day Reporting Requirement: Labor Code § 5400
- 1-Year Statute of Limitations: Labor Code § 5405
POST-INJURY OBLIGATIONS
- Claim Form: Labor Code § 5401
- Employer’s Report of Occupational Injury or Illness: Labor Code § 6409.1
- Medical Treatment: Labor Codes § 4600; § 4616
DECISION DATES
- 14 days to decide
- 90 days to investigate
- Presumed Compensability
- Labor Codes § 5402(b) and § 3600(a)
PAYMENT OF INDEMNITY BENEFITS
- Temporary Disability Benefits (TD): Labor Code § 4650
- Temporary Partial Disability (TPD) Benefits: Labor Code § 4654
- Permanent Disability (PD) Benefits: Labor Code § 4650, Labor Code § 4656
- Late Payments: Labor Code § 4650(d)
- Supplemental Job Displacement Benefit (SJDB): Labor Code § 4658.7
- The California Return-to-Work Supplement Program (RTWSP)
MED-LEGAL PROCESS
- When To Initiate a Panel: Labor Code §§ 4060, 4061, 4062
- QME Panel: Labor Code 8 C.C.R. § 30
- The Panel Process: Labor Code 8 CCR § 31.5, Labor Codes § 139.2(h)(1) and 4062.1 and 4062.2
- Types of Panels: Labor Code § 4060, 4061, 4062
- Panel Dispute Process: Labor Code §5502(b)(C)/8 C.C.R. 10552(a)(3); 8 C.C.R 31.1
LITIGATION
- Application for Adjudication: Labor Code § 5501
- 30-Day Deadline to Object: Reg. 10488
- Change of Venue After 30 Days: Labor Code § 5501.6
- Affirmative Defenses: Labor Code § 3600
PYSCHE CLAIMS
- Psychiatric injuries: Labor Code § 3208.3:
- Predominant Cause Standard
- Employment Duration Requirement: Labor Code § § 3208.3 and 4660.1(c)(2)(A)-(B)
HEARINGS
- Declaration of Readiness (DOR)
- Types of Hearings
- Rating Mandatory Settlement Conferences
- Expedited Hearings
- Priority Conferences
APPEALS
- Petitions for Removal: Labor Code § 5310
- Petitions for Reconsideration: Labor Code § 5900
- Petition for Writ of Review (Court of Appeal): Labor Code § 5950
- Petition for Review (Supreme Court): California Rules of Court, Rule 8.500
SETTLEMENTS
- Compromise and Release Agreement (C&R)
- Stipulation with Request for Award (Stip)
- Open Medical Compromise and Release
DEATH BENEFITS
- Burial Expenses: Labor Code § 4701
- Death Benefits: Labor Code § 3501
- Distribution of Benefits: Labor Code § 4703.5, Labor Code § 4704
SANCTIONS
- Failure to Provide Timely Medical Treatment: Labor Code § 5402(c)
- Penalties for Delayed or Missed Temporary Disability (TD) Benefits: Labor Code § 4650(d), Labor Code § 5814
- Failure to Pay Permanent Disability (PD) Benefits: Labor Code § 4650(b), 5814
- Failure to Issue the SJDB Voucher: Labor Code § 4658.7
- Failure to Issue Claim Decisions Within 90 Days: Labor Code § 5402(b)
- WCAB Sanctions for Bad Faith Conduct: Labor Code § 5813; 8 CCR § 10561
- Summary of penalties and recommended practices (Chart)
LIENS
- Employment Development Department
- When Defendant is Obligated to Pay:
- Other Liens
- Impact of Lien on Settlement
- Statewide Average Weekly Wage (Chart)
- Mileage Reimbursement (Chart)
MISCELLANEOUS
- Unique Aspects of California’s Workers’ Compensation System: Labor Code Section 132a, 3212, 3212.3 to 3212.5
- State Government Resources
