If you were hurt on the job in San Bernardino, California, you have the right to medical care and wage-loss benefits under California workers' compensation law — regardless of your immigration status, and it costs nothing to ask. Zapata Legal Group, APC helps injured workers across San Bernardino and San Bernardino County understand their options and take the next step.
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Where San Bernardino workers' comp cases are heard
Workers' compensation cases from San Bernardino County — including San Bernardino — are generally handled through the State of California's Division of Workers' Compensation (DWC) district office in San Bernardino. That office is where hearings before a workers' compensation judge are typically scheduled if your claim is disputed. You do not have to navigate that process alone.
Your rights as an injured worker in California
Clear answers to the questions injured workers ask most.
Hurt at Work? Start Here
I just got hurt at work. What should I do first?
Tell your employer right away — even a quick text or note counts. Then get medical care; if it is an emergency, go to the ER. Reporting it soon protects your right to benefits. In California you do not have to be a citizen, and you cannot be charged for treatment of a work injury.
Does it cost anything to get help or to talk to a lawyer?
No. Talking through what happened costs you nothing. Workers'-comp lawyers in California are paid only if they recover benefits for you, and the fee is a small share set and approved by a judge. You never pay out of your own pocket up front.
How long do I have to report my injury?
Report it as soon as you can. In general you should tell your employer within 30 days, and there are longer legal deadlines to file a claim — but the sooner you report, the stronger your case. If time has already passed, it is still worth asking; many claims can still move forward.
What is a "DWC-1" claim form?
It is the official form that opens your workers'-comp claim. Your employer must give it to you after you report an injury. Once you turn it in, the insurance company has a limited window to accept or deny your claim, and certain benefits can start.
Your Rights as an Injured Worker
Can I be fired for filing a workers' comp claim?
It is against the law in California for an employer to punish or fire you just because you filed a claim or got hurt at work. If that happens, you may have an additional claim. Filing for the benefits you are owed is your legal right.
Does my immigration status matter?
No. California workers'-comp benefits cover injured workers no matter their immigration status. A good firm will never ask about it, and the insurance company cannot use it to deny your medical care or wage benefits.
What benefits can I receive?
Depending on your case, benefits can include free medical treatment for the injury, payments while you cannot work (temporary disability), money for any lasting effects (permanent disability), help retraining for a new job, and — in the worst cases — death benefits for a family.
Do I really need a lawyer?
You are not required to have one, but insurance companies have adjusters and lawyers working to limit what they pay. An injured worker with a lawyer often receives more in benefits, gets the right medical care faster, and avoids costly mistakes. The first conversation is free.
Your Medical Care
Who pays for my treatment?
The workers'-comp insurance company pays for medical care that is reasonably needed to treat your work injury. You should not get a bill for approved treatment. If you are getting bills, that is a sign something is wrong and worth asking about.
Can I pick my own doctor?
Often your care starts inside the insurance company's medical network (called an "MPN"). You usually can switch to another doctor within that network, and there are situations where you can treat outside it. The key is to keep going to your appointments and be honest about every symptom.
What is a "primary treating physician" (PTP)?
That is the main doctor in charge of your care during the case. Their reports are the backbone of your claim. Tell them about every body part that hurts and every symptom — even stress or sleep problems — because what is not written down can be left out of your case.
The insurance company denied a treatment my doctor wants. Now what?
Treatment requests go through a review process, and denials can be challenged. Do not assume "no" is final. This is one of the most common places where having someone fight for you makes a real difference in the care you actually receive.
This page is general information about California workers' compensation, not legal advice, and does not create an attorney–client relationship. For advice about your specific situation, contact Zapata Legal Group, APC — it's free.