In general, workers’ compensation claims do not have to be tried in court. Litigation only arises in cases of dispute, and even then, cases are more commonly mediated and/or settled, rather than brought to trial.

In short, your work accident claim will go to court if you and either or both of the other two parties involved — the insurance company and your employer — are unable to reach a settlement. This usually happens when there is a disagreement over a key issue, such as the medical facts of the case, the benefits due to you based on the nature and extent of the injury, or whether your injury is work-related.

In California, workers’ compensation cases are tried only by a judge. The court that tries these kinds of cases is known as the Workers’ Compensation Appeals Board.

One of the most important things you should keep in mind is the need for an experienced workers’ compensation attorney. Many workers with a claim attempt to handle their cases on their own, but that is a risky choice. You can be sure that the other party/parties involved will have their own lawyers who specialize in work accident claims.