Exclusive Remedy Rule under San Diego Workers Compensation, and the Process an Injured Worker should Know

San Diego Workers' Compensation Appeals Board

When an injured worker is injured on the job by someone or something connected with his employer, then he or she has a workers compensation claim. This means the injured worker has the right under California "exclusive remedy rule" to pursue his or her rights under the California work comp system with medical care, and payment of medical bills associated with that medical care.

The entire work comp system is governed by the State of California under what is known as the California Labor Code, and all hearings, adjudications, and appeals are managed under an administrative court known as the Appeals Board. In San Diego, it is called the San Diego Workers Compensation Appeals Board, or WCAB for short. The main court in San Diego is located in Mission Valley.

An injured workers' legal rights are enforced through the San Diego WCAB pursuant to the California Labor Code. All trials and hearings are conducted administratively without a jury, and in front of an administrative judge, also known as the work comp judge. Attorneys fees are set by statute and range from 9% to 18%, but depending on the complexity of a given case, a lawyer can petition the work comp judge for a higher fee should it be warranted.

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