Workers' comp deadlines in California: tell your employer and file

Tell your employer in California

Time limit

30 days

Counted from

The date of the injury (for an illness or injury that developed over time, the date you first lost time from work because of it and knew or should have known it was caused by your job)

In writing?

Yes, in writing

If you are late

If your employer does not learn about the injury within 30 days and this keeps your employer from fully investigating it, you could lose your right to benefits.

Illness that develops over time

For an illness or cumulative injury, the date of injury is the date you first suffered disability from it and knew, or should have known, that it was caused by your work. Report it as soon as you learn or believe it was caused by your job.

Tell your supervisor right away. The law requires written notice to your employer within 30 days after the injury. If your employer or a supervisor already knew about the injury, that counts as notice. Giving your employer a completed claim form (DWC 1) is written notice.

Law: Cal. Lab. Code §§ 5400, 5402(a), 5412

Source: dir.ca.gov

File your claim in California

Time limit

1 year

Counted from

The date of injury, or the last day temporary disability was paid, or the last date the employer provided medical treatment, whichever is latest

What to file

Application for Adjudication of Claim, filed at the DWC district office in the county where you live or where you were injured (only needed if there is a dispute, such as a denial)

Claim form

Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility

Who files it

You fill out only the employee section of the DWC 1, sign and date it, keep a copy, and give it to your employer in person or by mail (certified mail with return receipt gives you proof of the date). Your employer fills out the employer section and sends it to the claims administrator.

What your employer must do

Your employer must give or mail you a claim form within one working day after learning of an injury that causes lost time beyond your shift or needs treatment beyond first aid. Within one working day after you file the claim form, your employer must authorize medical treatment. Your employer must report the injury to its insurer (or to the state, if self-insured) within 5 days after learning of it.

When the insurer decides

The claims administrator generally must send you a letter about the status of your claim within 14 days. If your claim is not denied within 90 days after you file the claim form, your injury is presumed to be covered (75 days for certain firefighter and peace officer presumption cases). While the claim is being decided, you can get up to $10,000 in medical treatment.

Illness that develops over time

For an illness or cumulative injury, the 1-year period runs from the date of injury as defined for those cases (first disability plus knowledge that it was caused by work).

You open a claim by giving your employer the DWC 1 claim form. If you need a judge to decide a dispute, you must start proceedings by filing an Application for Adjudication of Claim within 1 year from the date of injury, or within 1 year from the last temporary disability payment or the last medical treatment your employer provided.

Law: Cal. Lab. Code §§ 5405, 5412

Source: dir.ca.gov

Law: Cal. Lab. Code §§ 5401, 5402(b)-(c), 6409.1(a)

Source: dir.ca.gov

Waiting period and first payment in California

Waiting period

Temporary disability is not paid for the first 3 days after you leave work because of the injury, unless the disability lasts more than 14 days or you are hospitalized as an inpatient. The day of the injury counts as one of the 3 days unless you were paid full wages for that day.

Paid back for the waiting days

You are paid for the first 3 days too if your disability lasts more than 14 days or you are admitted to a hospital as an inpatient.

First payment

The first payment is due within 14 days after your employer knows about the injury and your disability, unless the claim is denied before then. After that, payments are due every two weeks. A late payment is increased by 10% automatically.

How often you are paid

Every two weeks

Law: Cal. Lab. Code §§ 4650(a), (c), (d), 4652

Source: dir.ca.gov

Deadline if you are punished for filing

Within 1 year from the discriminatory act or the date your employer ended your employment.

Law: Cal. Lab. Code § 132a

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer