Berger & Michelena

Workers’ comp: Stipulated awards vs. compromise and release

2026-08-16T00:25:05Z

When an injured Californian is ready to settle their workers’ compensation claim, they may be given two options: a “stipulated” award or a “compromise and release.” Both resolve the claim, but they have very different consequences. What’s the right choice? The answer to this question generally depends on your medical condition, financial need and future plans. Before you accept either settlement offer, you need to understand the pros and cons of each.

How does each award work?

With a stipulated award, you and the claims administrator must agree on the amount of permanent or temporary disability benefits you are still owed. Once that is established, the amount is paid at a weekly installment rate (usually distributed in biweekly checks or deposits) until fully paid. That can be a matter of a few months, if your condition is temporary or fairly minor, to many years, if your injuries are serious or disability is permanent. In addition, a stipulated award usually allows you the option of future medical care for your work-related injuries, so long as the treatments are reasonably necessary. This may be critically important if you expect to need ongoing doctor visits, therapy, surgery or other healthcare. However, you will generally still be subject to the same provider networks and other rules that govern other workers’ comp claims. In comparison, a compromise and release (C&R) closes the claim completely. Once you and the claims administrator agree upon a figure, which typically includes anticipated future medical care, the entire settlement amount will be paid in a lump sum. However, you then become responsible for your own medical needs, even if the cost of your care ultimately exceeds the amount included in the C&R. A stipulated award may be preferable when an injury is likely to require substantial ongoing care. A compromise and release may make more sense when the employee understands the likely future costs and values flexibility or a clean break from the workers’ compensation system. In general, it’s a decision that should be made in consultation with a skilled attorney.

Does workers’ comp cover an injury caused by a coworker?

2026-08-10T16:13:00Z

A workplace injury does not always happen because of a dangerous condition or something you did yourself. A coworker’s mistake could cause the accident. When another employee causes your injury, you may wonder if workers’ compensation still applies. Here are the key factors you should know.

Fault usually does not determine workers’ comp coverage

A coworker’s mistake or carelessness does not by itself stop you from getting workers’ compensation benefits. For example, a coworker might accidentally drop a heavy tool that hits you or make a mistake while using work equipment. Their error alone does not decide if you can get benefits. Instead, the key issue is the link between your injury and your work.

California workers’ comp follows a no-fault system

You usually do not have to prove that your employer or coworker acted carelessly before you can get benefits. California Labor Code Section 3600 says the injury must arise from your employment and happen during the course of your work. This rule lets the workers’ compensation system cover many job-related injuries without requiring you to prove who caused the accident.

The circumstances of the incident can affect coverage

While you generally do not have to prove your coworker’s negligence to get workers’ compensation, the reason for their actions can still affect whether your injury counts as work-related. Suppose a coworker hurts you on purpose because of an argument about a personal matter. That reason could affect whether workers’ compensation covers your injury. California decisions have found that a purely personal assault can break the link between the job and the injury.

Review the circumstances before deciding what applies

A coworker causing your injury does not by itself decide if you can get workers’ compensation benefits. What happened, why it happened and how it relates to your work can all affect the answer. Reviewing the incident with an attorney can help you understand how California’s rules apply to your case and whether you have a basis for seeking benefits.

Can you sue a general contractor after a construction injury?

2026-07-31T10:21:31Z

A construction site injury does not always mean that a workers’ compensation claim is the only option. California’s workers' compensation “exclusive remedy” rule generally prevents employees from suing their own employer for workplace injuries, subject to limited statutory exceptions. In some cases, a worker might have a legal claim against the general contractor if the injury occurred because the company failed to fix a safety hazard. Every construction injury is different, so the facts related to the accident are important. The legal process often depends on who was responsible for creating or failing to correct the hazard. The next step is to understand when another company may be responsible.

When a general contractor can be responsible

California construction projects often involve several contractors working on the same site. A general contractor is not automatically responsible when a subcontractor's employee gets hurt. However, a claim may be possible if the general contractor's own negligence contributed to the accident, such as by:

Creating or directing an unsafe work condition
Retaining control over safety conditions and negligently failing to exercise that control to prevent or correct a known hazard
Failing to warn workers about a concealed danger on the jobsite
Requiring work to continue despite unsafe conditions

These situations are different from ordinary workers' compensation claims. That distinction is important.

How the legal process works

An injured worker might still receive workers’ compensation benefits from their employer, while a separate claim can be filed against a general contractor. Workers’ compensation can help cover medical care and partial wage replacement regardless of fault. A claim against a general contractor needs evidence that the contractor’s own negligence caused the injury. California courts evaluate the specific facts before deciding whether the contractor may be held liable. Workers' compensation claims and third-party negligence claims are governed by different legal standards.

Why construction accidents can be more complex

Commercial and residential construction job sites include a mix of general contractors, subcontractors, suppliers and property owners working together. After a serious accident, determining who controlled the work, who was responsible for site safety and whether another party's negligence contributed to the accident can affect whether a worker can have a separate third-party claim. Knowing how these rules apply can help an injured construction worker better understand their options after a workplace injury.

Can part-time or temporary workers receive workers’ compensation?

2026-07-21T05:04:02Z

If you work part time or through a temporary staffing agency, you may wonder whether you qualify for workers' compensation benefits after a workplace injury. Many employees mistakenly believe that only full-time workers receive these benefits. In California, however, many part-time and temporary employees have the same right to pursue workers' compensation benefits as other eligible workers.

If you suffered a work-related injury in the Los Angeles area, understanding your rights can help you protect your health and financial stability.

Who qualifies for workers' compensation?

California's workers' compensation system generally covers employees who suffer injuries or occupational illnesses arising out of and during the course of their employment. Your work schedule or temporary status does not automatically prevent you from filing a claim.

Eligibility often depends on factors such as:

Whether you qualify as an employee under California law.
Whether your injury occurred while performing job-related duties.
Whether you reported the injury within the required time frame.
Whether your employer carries workers' compensation insurance as required.

Even if a staffing agency hired you, another company may supervise your day-to-day work. Determining which employer or insurance carrier is responsible can become more complicated in these situations.

What benefits may you receive?

If your claim is approved, workers' compensation benefits may help cover the financial impact of your injury while you recover.

Depending on your circumstances, you may qualify for:

Medical treatment related to your work injury.
Temporary disability benefits if your injury prevents you from working.
Permanent disability benefits, when applicable.
Supplemental job displacement benefits in certain cases.
Death benefits for eligible surviving family members if a workplace injury proves fatal.

The specific benefits available depend on the nature of your injury and your ability to return to work.

What should you do after a workplace injury?

Taking prompt action can help protect your claim and avoid unnecessary delays.

If you suffer a work-related injury:

Report the injury to your employer as soon as possible.
Seek appropriate medical treatment.
Complete any required claim forms promptly.
Keep records of your medical care, work restrictions, and communications with your employer or insurance company.
Consult a workers' compensation attorney if your claim is delayed or denied.

Good documentation can strengthen your claim and help resolve disputes more efficiently.

Protect your right to benefits

Part-time and temporary employees play an important role in California's workforce, and many have the same legal protections as full-time workers after a job-related injury. If questions arise about your eligibility or the benefits you deserve, you do not have to navigate the process alone.

An experienced Los Angeles workers' compensation attorney can evaluate your case, explain your rights, and help you pursue the benefits available under California law so you can focus on your recovery.

What if a co-worker causes a major workplace accident?

2026-07-18T20:36:03Z

Workplace accidents can occur due to factors outside of everyone's control. Inclement weather, machinery malfunctions and a host of other sudden and uncontrollable occurrences can lead to workers getting hurt on the job. Occasionally, someone in the workplace is responsible for a workplace incident. A co-worker might make a mistake when handling heavy equipment or leave a spill unattended to, leading to another person slipping and falling. If a workplace incident is clearly the result of a co-worker's mistake or negligence, what rights do injured employees have?

Employers are liable for worker errors

The legal doctrine of respondeat superior generally makes businesses responsible for the negligence and misconduct of their workers while they are on the clock, performing work tasks. The company has vicarious liability even when an employee is clearly the party at fault. However, injured workers typically cannot make direct compensation claims against their employers for on-the-job injuries. The no-fault protection provided by workers’ compensation fully indemnifies businesses from financial liability in cases where professionals get hurt on the job. When a coworker is to blame for an on-the-job accident, the injured employee may have the right to file a workers’ compensation claim. They can potentially receive benefits that help them pay for their medical care and that replace their lost wages. Workers’ compensation claims can easily become complicated, especially if workers don’t report workplace accidents out of fear of endangering someone else’s employment. Discussing job injuries with a workers' compensation attorney can help people understand the claims process and make sense of complex workplace liability rules.

Can you receive workers’ comp benefits for delivery injuries?

2026-07-08T03:43:46Z

A workers’ comp insurer may deny a claim for a few reasons, such as missing medical information, failing to see an approved medical specialist or missing a crucial filing date. Another reason why a workers’ comp claim may be denied is that an insurer believes an injury was not work-related. This can be particularly problematic when someone is injured while doing deliveries, since their every action is not supervised. It is crucial to establish when and how a workplace accident happened. Here is what you should know:

The circumstances of your injury matter

Typically, injuries incurred while traveling to and from the workplace on your daily commute are not covered under workers’ compensation. However, that rule doesn’t hold true when you’re doing deliveries. If part of your job involves traveling from spot to spot or various locations to meet with customers and drop off products, you are generally considered to be doing work activity – even after you finish your last delivery and head back to the office or home base. That coverage may not extend, however, to injuries that are incurred on any personal detours. If you stop at a department store on the way back to your workplace to pick up something you need and get hit in the parking lot, for example, you may not be due workers’ comp. When filing for workers’ comp benefits, it can help to have documents that prove a worker was traveling while on the job. Invoices, calls and work logs can help injured workers dispute a denied workers’ comp claim. It is important to consider California workers’ comp laws when filing for benefits. Injured workers may need to seek professional legal guidance to help them overcome unfair denials.

Are stress-related illnesses covered by workers’ comp?

2026-06-23T13:52:15Z

Workplace stress can lead to more than frustration or burnout. In some cases, it can cause conditions that affect your ability to work and manage daily life. When this happens, you might be wondering if workers' compensation covers these types of injuries.

Coverage for stress-related conditions

Under California law, a mental health injury may be covered by workers' comp if it results in a mental disorder that causes disability or calls for medical treatment. This includes conditions such as clinical depression, anxiety disorders, post-traumatic stress disorder and adjustment disorders predominantly caused by your employment. The law draws a line between two types of claims. A "physical-mental" claim involves a mental health condition that develops after a physical work injury, while a "mental-mental" claim involves an illness where workplace stress or trauma is the predominant cause of the injury.

Standards for a compensable claim

To pursue a stress-related claim, you must meet several requirements that do not apply to most physical injury cases. A licensed psychiatrist or psychologist needs to diagnose you using criteria from recognized diagnostic standards, and it must cause disability or require treatment. You must also show that the events of your job were the primary cause of your condition. Under state law, this means work must account for more than 50% of the cause. A lower bar applies if you were the victim of workplace violence or saw a violent act firsthand, where 35% to 40% is enough. In most cases, you must have worked for the same employer for at least six months — though this time does not need to be continuous — before the illness developed. This does not apply if a sudden and extraordinary employment circumstance caused the injury.

Obstacles in the review process

Even when you feel certain the job caused the harm, a few points in the process tend to draw scrutiny. The following can affect how the process unfolds:

Showing the job was the main driver of your stress, rather than just one of several contributing personal factors
Overcoming an employer’s claim that your stress stemmed from a lawful, good faith personnel action
Meeting the length-of-employment rule without a qualifying sudden event
Securing clear medical records that explicitly link the diagnosis to your workplace

These factors do not mean a stress claim cannot succeed, but they do highlight the value of early planning.

Support for a stronger case

A stress-related claim often turns on detail, including the timing of events, the wording of a diagnosis and how work compares to everything else in your life. Building a record that speaks to those points tends to matter more here than in a routine physical claim. An attorney can also work with your medical providers so that your records clearly reflect the tie between your condition and your job. When a claims handler disputes the cause, solid and steady records from the start can make a meaningful difference in the outcome.

The ongoing treatments burn victims may face

2026-06-22T14:27:05Z

No one expects to suffer an extreme injury when they clock into work. However, workplace burn injuries can happen in many industries, from construction sites to manufacturing facilities. While the immediate injury often receives the most attention, recovery is rarely over after the first hospital visit. Many burn victims face a long road of medical treatment that can continue for months or even years. The physical, financial and professional challenges that follow can affect nearly every aspect of daily life.

The long-term recovery process after a serious burn injury

Severe burns often require specialized treatment beyond emergency care. Depending on the extent of the injury, a worker may need skin grafts to replace damaged tissue and help wounds heal properly. Some burn victims may also require breathing assistance if swelling affects the airway or nutritional support through a feeding tube during recovery. In addition, reconstructive procedures may be needed to improve mobility, reduce scarring or address other complications. These treatments can involve multiple surgeries and ongoing medical care over an extended period. Rehabilitation is another important part of the recovery process. Physical therapy may help restore strength, flexibility and range of motion, especially when burns affect joints or large areas of the body. Occupational therapy can help workers relearn tasks needed for daily living and job-related responsibilities. Consistent rehabilitation often plays a major role in helping burn victims regain independence and return to work when possible. The financial impact of a serious burn injury can be significant. Hospital stays, surgeries and ongoing medical monitoring can create substantial expenses. At the same time, many injured workers are unable to perform their jobs while recovering. Disability benefits and workers' compensation benefits may provide important financial support during this period, but obtaining the full benefits available is not always a straightforward process. Understanding available options can be essential when facing mounting medical costs and lost income. Burn injuries often require far more than immediate medical attention. Those dealing with extensive treatment needs, questions about disability leave or concerns about workers' compensation benefits may benefit from speaking with a legal professional who can help protect their interests and guide them through the recovery process.

What California parents and teens should know about workers’ comp

2026-06-11T09:44:15Z

Whether your teen has just started a summer job or has been in the part-time or seasonal workforce for a while, it’s important that they (and you) know about their right to workers’ comp benefits if they’re injured on the job. Many parents don’t realize that minors are entitled to the same benefits as adults – and many teens don’t even know about workers’ comp. California has one of the more comprehensive workers’ comp systems in the country. Almost all employers are required to carry workers' comp insurance. Further, part-time and temporary workers typically have as much right to it as those who work full-time. Workers’ comp benefits cannot be denied due to an employee’s immigration status, either.

Teen workers’ rights in California

Teen workers need to know that workers’ comp is, for the most part, considered “no-fault” insurance. Unless an employee was intentionally or recklessly endangering themselves or was under the influence, they can’t be denied benefits, even if they had some responsibility for it. Further, employers are required to give workers a claim form if they request one. They also can’t retaliate against them (for example, by cutting their hours or firing them) for filing a claim. Of course, it’s far preferable that teens are not injured in the first place. That’s one reason the state restricts what kinds of jobs teens of various ages can do and what hours they can work. Further, employers need to provide teens with at least the same level of safety training and equipment as other employees do. If your teen has suffered a work-related injury or illness, don’t let anyone in their workplace mislead them or give them false information about their right to workers’ comp. If you have questions or concerns, getting legal guidance can help.

Getting workers’ comp for cumulative trauma injuries

2026-05-28T03:38:19Z

Many work-related injuries are not caused by one accident or event. They sneak up on people after months or even years of muscle strain or wear and tear on specific parts of the body that a worker uses every day – often in repetitive movements. When injuries occur over time like this, it’s called cumulative trauma (CT) or sometimes cumulative trauma disorder (CTD). CT injuries are often musculoskeletal. That means they affect muscles, tendons or nerve tissue. These injuries can be extremely painful and debilitating.

Who is most likely to suffer from CT injuries?

As noted, people often suffer CT injuries if their work involves repetitive movements – particularly forceful ones, those done in an unnatural or awkward position or high-speed movements. Those who work with power drills that cause vibrations in the body are also susceptible to these injuries. Still, CT injuries can be caused by anything from painting to preparing packages for shipment at a warehouse to typing on a computer all day. The California Workers’ Compensation Institute (CWCI) found that people who work in manufacturing and food services are particularly prone to CT injuries. They’re also especially common in younger workers (those under 30) and workers who earn under $600 weekly.

Why getting workers’ comp for CT injuries can be challenging

Workers with CT injuries caused by work-related tasks generally qualify for workers’ compensation. However, it can be more difficult to prove that a CT injury is work-related and not caused by activities outside of work than an injury that is the result of a single event, particularly one witnessed by others and reported immediately. That’s why anyone who is having difficulty getting their workers’ comp claim approved is smart to get legal guidance to help them provide the documentation and other evidence they need to make their case. This can make all the difference in getting the workers’ comp benefits they are due.