California Workers’ Comp Deadlines You Can’t Afford to Miss

Missing a deadline in your California workers’ comp case can cost you your entire claim. The system has strict timeframes for reporting injuries, filing claims, requesting hearings, and accepting settlements. Here are the deadlines every injured worker needs to know.

30 Days: Report Your Injury to Your Employer

Under California Labor Code Section 5400, you must notify your employer of your work injury within 30 days. Failure to report on time can result in denial of your claim. Always report in writing and keep a copy.

1 Year: File Your Workers’ Comp Claim (Statute of Limitations)

You have one year from the date of injury to file a workers’ compensation claim (DWC-1 form). For cumulative trauma injuries (repetitive strain, chemical exposure), the one-year clock starts when you knew or should have known the condition was work-related.

90 Days: Insurance Company Must Accept or Deny

After receiving your claim, the insurance company has 90 days to formally accept or deny it. If they miss this deadline, the claim is presumed accepted. During this period, they must provide up to $10,000 in medical treatment.

1 Working Day: Employer Must Provide Claim Form

Your employer must give you a DWC-1 claim form within one working day of learning about your injury. If they refuse or delay, contact the Division of Workers’ Compensation (DWC) or a workers’ comp attorney.

20 Days: Accept or Reject Settlement

If offered a Compromise and Release (C&R) settlement, you have a limited window to review and accept or reject it. Never sign a settlement without having a lawyer review it first.

5 Years: Reopen a Closed Claim

You may petition to reopen a workers’ comp claim within 5 years from the date of injury if your condition worsens (new and further disability).

Special Deadline Rules

• Occupational disease: 1 year from when you knew the condition was work-related
• Psychiatric injuries: Additional requirements including 6+ months of employment
• Death claims: 1 year from date of death, or 240 weeks from date of injury

What Happens If You Miss a Deadline?

Missing a workers’ comp deadline can mean:

• Your claim is denied entirely
• You lose the right to certain benefits
• You can’t appeal an unfavorable decision

If you think you’ve missed a deadline, don’t give up — there may be exceptions. Contact a Certified Workers’ Comp Specialist immediately for a free case evaluation.