Workers' comp in California cities

Workers' compensation in San Jose

By the Work Injury Compass editorial team · Last updated November 2026 · How we write and check guides

Get a free case reviewFree · about 2 minutes · no obligation

The San Jose district office

San Jose district office (DWC / WCAB): 224 Airport Parkway, Suite 600, San Jose, CA 95110-3718. Phone 408-277-1246. Official page: San Jose district office.

According to DWC's office page, there's free parking in an open-air lot, the lobby is open weekdays from 8 a.m. to 5 p.m., and the calendar clerk is available Monday to Friday from 8:15 to 11:45 a.m. and 1:15 to 4:45 p.m. VTA buses serve the area, and no food or drinks are allowed in the waiting room or courtrooms. The office has an Information & Assistance unit and a Disability Evaluation Unit.

DWC's ZIP code list sends all Santa Clara County ZIP codes to this office. Your Application for Adjudication can also be filed where you live, where you were hurt, or where your lawyer's principal office is (Labor Code §5501.5). Many valley workers commute from other counties, so check the WCAB offices page.

How hearings work

Since March 3, 2025, DWC holds status conferences, mandatory settlement conferences, priority conferences and lien conferences on a video platform, with each judge's virtual courtroom link on DWC's website and on the hearing notice. Trials, lien trials and expedited hearings are still set in person. Court is in session from 8:30 a.m. to noon and 1:30 to 5 p.m. The office has an Information & Assistance (I&A) unit. I&A officers are DWC staff who answer questions and help workers without a lawyer for free; they can't represent you. The statewide line is 1-800-736-7401.

Tech offices: repetitive strain is a real injury

Carpal tunnel, tendinitis, neck and shoulder pain, and back problems from long hours at a desk are cumulative trauma injuries (Labor Code §3208.1). The date of injury is when you first had disability (lost time or needed treatment) and knew or should have known work caused it (Labor Code §5412). Practical points:

• Report it as a work injury, not just a request for an ergonomic chair.
• Remote and hybrid workers are covered for injuries that arise out of their work, including at a home desk. Describe your setup and hours in detail.
• Get a treating doctor who will document the work connection. See cumulative trauma claims.

Semiconductors, hardware and data centers

Fabs, clean rooms, labs and hardware lines involve chemicals, gases and solvents. Data centers and electrical work bring lifting, electrical and fall hazards. Exposure-related illnesses can appear years later, and the "knew or should have known" date controls the deadline. Keep any exposure records and safety data sheets you received. Warehouse and assembly work across the valley brings the usual lifting and repetitive injuries.

High salaries and the TD cap

Temporary disability pays two-thirds of your average weekly earnings, but only up to a statewide maximum: $1,764.11 a week for 2026 injuries (minimum $264.61). According to DWC's 2026 table, the cap applies once average weekly earnings are above $2,646.17 (about $137,600 a year). Many Silicon Valley salaries are well above that, so TD may replace a much smaller share of your pay than you expect. Our TD calculator shows your rate. Average weekly earnings are calculated under Labor Code §4453. Questions about bonuses, overtime and concurrent jobs are common, so keep pay stubs and offer letters. Ask whether your employer offers salary continuation or disability insurance alongside workers' comp.

Stress, layoffs and psychiatric claims

Work stress can be a compensable psychiatric injury, but the rules are strict (Labor Code §3208.3). Generally you need at least six months of employment with the employer (unless the cause was a sudden and extraordinary event), and actual events of employment must be the predominant cause. A psychiatric injury caused substantially by a lawful, nondiscriminatory, good-faith personnel action, such as a layoff, performance review or reorganization, isn't compensable. A claim filed after a layoff notice also faces extra limits. See psychiatric injury claims before you file.

Staffing agencies and contractors

Many valley workers are placed through staffing firms or labeled contractors. If you're placed through an agency, its workers' comp coverage usually applies. If you're called a contractor but the company controls your work, you may be an employee under California's ABC test (Labor Code §2775). See misclassification.

South County agriculture and services

Gilroy, Morgan Hill and the south county still have farms, food processing, landscaping and construction. Heat matters there in summer: Cal/OSHA's outdoor rule (tit. 8, §3395) requires shade at 80°F and high-heat procedures at 95°F (see heat illness). Restaurant, cafeteria, janitorial and security workers who support tech campuses are frequently injured and are entitled to the same benefits as engineers.

Steps after a work injury in San Jose

1. Report it in writing within 30 days (Labor Code §5400).
2. File the DWC-1; the insurer then has 90 days to decide (§5402).
3. Treat within the MPN if your employer has one (choosing a doctor).
4. If treatment is denied, use IMR within 30 days.
5. Keep the one-year WCAB deadline in mind (§5405).
6. Get help: I&A at Airport Parkway, or our Santa Clara County attorney directory.

This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.