Do I Really Need a Workers’ Comp Lawyer in California? Common Misconceptions Explained

• Mar 08, 2022
• Blog
• Michael Burgis & Associates, P.C

When collecting workers’ compensation after an on-the-job injury or work-related illness, many people hesitate to hire a workers’ compensation attorney.

Why? Nearly always, it’s because they don’t fully understand:

• How California’s workers’ comp system works.
• Their rights under the Labor Code.
• What can happen if they don’t have legal representation?

Below, we’ll walk through the top barriers injured workers face, clarify the truth behind these misconceptions, and explain why hiring an attorney often means more protection, more benefits, and fewer delays.

Barrier #3 – “I don’t have any money, so I don’t know if I can afford an attorney.”

You’re not alone. Many workers worry about the costs associated with pursuing a claim.

The Truth: You Pay Nothing Upfront

• In California, workers’ comp attorneys cannot charge upfront fees.
• Fees are capped at 12–15% of your recovery under Labor Code §4903.
• The Workers’ Compensation Appeals Board (WCAB) judge must approve the fee to ensure fairness and equity.

By comparison, personal injury firms charge 30–50%. Workers’ comp law protects workers with a statutory fee cap.

Why Representation Matters

Without an attorney, workers often:

• Accept low settlement offers.
• Lose access to full medical treatment.
• Miss out on Permanent Disability (PD) or lifetime care benefits.

Hiring a lawyer often means you get more benefits overall, even after fees.

Barrier #2 – “I have no idea how much to pay an attorney.”

Many clients are intimidated by unknown costs.

The Truth: Fees Are Transparent and Judge-Approved

• Workers’ comp attorneys work on a contingency fee basis.
• You only pay if your case is won or settled.
• Example: If you recover $60,000, the fee might be $9,000 (15%), approved by WCAB.

You keep the majority of your benefits, and no money ever comes out of your pocket.

Barrier #1 – “I feel like I’m suing my employer, and that makes me uncomfortable.”

This is the most common barrier. Many workers think hiring an attorney means suing their boss.

The Truth: Workers’ Comp Is Not a Lawsuit Against Your Employer

• Filing a claim is an administrative process under the California Labor Code.
• Employers are required by law to carry insurance to cover injuries.
• You’re not “suing” — you’re filing against your employer’s insurance, just like using your health insurance.

Your employer already pays premiums to protect workers in case of accidents. You are only exercising your legal rights.

Other Barriers That Stop Workers from Hiring Attorneys

“My case is small, I don’t think I need a lawyer.”

Even minor injuries can escalate. Attorneys help with:

• Cumulative trauma claims (repetitive motion, carpal tunnel, back injuries).
• Psychiatric and stress claims (PTSD, anxiety, depression under Labor Code §3208.3).
• Occupational diseases (lung disease, hearing loss, toxic exposure).

Insurers often deny these cases without strong legal representation.

“I’m worried about retaliation.”

Retaliation is illegal. Under Labor Code §132a, if your employer discriminates or fires you for filing, you may receive:

• Increased compensation.
• Job reinstatement.
• Penalties against your employer.

“The insurance adjuster told me I don’t need a lawyer.”

Insurance companies benefit if you’re unrepresented. Attorneys ensure:

• Access to the Medical Provider Network (MPN).
• Ability to change doctors if care is denied.
• Proper Qualified Medical Evaluator (QME) reports when disputes arise.

What Does a Workers’ Comp Attorney Actually Do?

An experienced attorney will:

• File and appeal claims with the WCAB.
• Navigate QME disputes and request new evaluations.
• Fight MPN restrictions to find the right doctor for you.
• Secure Temporary Disability (TD), Permanent Disability (PD), and Supplemental Job Displacement Benefits (SJDB).
• Pursue Return-to-Work Supplement Program (RTWSP) — an extra $5,000 benefit for retraining voucher recipients.
• Represent you if your claim is denied, delayed, or undervalued.

What If Your Employer Doesn’t Have Workers’ Comp Insurance?

Some employers fail to carry insurance illegally. In those cases:

• Workers may file with the Uninsured Employers Benefits Trust Fund (UEBTF).
• UEBTF pays benefits and then pursues reimbursement from the employer.
• Attorneys help navigate this complex process.

Without legal help, most workers are unaware of the UEBTF’s existence.

Why Having an Attorney Makes a Difference

Studies show:

• Workers with attorneys receive 30% higher settlements on average.
• 80% of denied claims are reversed when appealed with representation.
• Attorneys secure benefits, such as lifetime medical care, that unrepresented workers rarely achieve.

Historical Context: California Workers’ Comp Reforms

• SB 863 (2013) restructured the medical review and benefit disputes process.
• This made it more difficult for unrepresented workers to navigate the Independent Medical Review (IMR) and QME scheduling processes.
• Attorney involvement has since become more critical.

The system is complex by design. Representation levels the playing field.

Frequently Asked Questions (FAQs)

1. Do I need a lawyer if my employer accepted my claim?

Yes — accepted claims can still involve disputes over treatment, disability rating, or return-to-work benefits.

2. Can I change my workers’ comp doctor?

Yes. Attorneys can help you switch doctors within the MPN or challenge medical care through a QME process.

3. What if my employer doesn’t have insurance?

You can file through the UEBTF, but the process is complex. Attorneys handle these claims.

4. How much does a lawyer cost?

Fees are capped at 15%, approved by a WCAB judge, and deducted from benefits — never paid upfront.

5. What benefits can a workers’ comp lawyer help secure?

• Medical treatment
• TD (Temporary Disability)
• PD (Permanent Disability)
• SJDB retraining voucher + $5,000 RTWSP payment
• Death benefits for dependents

6. What if my workers’ comp claim was denied?

Your lawyer can appeal through the WCAB, challenge medical reports, and request a new QME.

7. Am I suing my employer by hiring a lawyer?

No. You’re filing an insurance claim — not a lawsuit against your employer.

Were You Injured on the Job? Michael Burgis & Associates Can Help

A workplace injury or illness can cause devastating stress: medical bills, lost income, and uncertainty. But you don’t have to face the system alone.

At Michael Burgis & Associates, we:

• Handle every stage of your claim.
• Fight insurers to secure full statutory benefits.
• Represent you before the WCAB.
• Protect you against illegal retaliation.

Free consultations
No upfront fees
You only pay if we win.

Contact us today to protect your rights and secure the benefits you are entitled to.

Bottom Line

Many workers hesitate to hire a workers’ comp attorney due to misunderstandings about the cost, fear of retaliation, or the misconception that they are “suing their employer.”

However, in California, workers’ compensation law exists to protect you, not your employer. Attorneys exist to ensure you get:

• The medical care you need.
• The income replacement you deserve.
• The future stability of your family depends on.

With an attorney, you are not just filing a claim — you are enforcing your rights under California law.