“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”
Briana Norman
✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, the workers' compensation system runs on deadlines — §5400 30-day notice, §5405 one-year filing, §5402 90-day decision, §4610.5 30-day IMR, §5903 25-day Reconsideration, §5950 45-day Writ. Missing one can end the claim. Yazdchi Law, a Certified Specialist in Workers' Compensation Law firm, tracks every deadline. Request a free case review.
California workers' compensation is a system of deadlines. Miss the wrong one and the claim is over before it really started — the injury is real, the medical bills are real, but the legal path to benefits is closed. Most injured workers do not know what those deadlines are until an insurance adjuster or a defense lawyer uses one against them.
This guide is the complete deadline checklist. Every deadline below is grounded in a specific California Labor Code section, so the worker (or a family member helping out) can verify each rule directly with the state. It is written for a worker who is somewhere in the claim process and is trying to figure out what clock is running.
The short version: the first 30 days after injury are the most fragile, the one-year filing window is the outside limit, and once a denial or adverse decision is in hand, the appeal clocks are short — 25 days for Reconsideration, 30 days for Independent Medical Review, 45 days for a Writ of Review.
The deadlines below are listed in the order they typically come up — from the moment of injury through the final appeal. Each one matters, each one has a fix when missed for good cause, but each one is easier to hit on time than to litigate around later.
A California worker must report the injury to the employer within 30 days under California Labor Code §5400. The report should be in writing — a text, an email, or a signed note. A verbal report is legally valid but easy for the employer to deny later. For a cumulative-trauma injury under California Labor Code §3208.1, the 30-day clock runs from the date the worker knew or should have known the condition was work-related. A missed 30-day deadline can sometimes be excused for good cause, but it is the most common insurer defense to a late-reported injury.
Once the employer learns about the injury, the employer must provide a DWC-1 claim form within one working day under California Labor Code §5401. This is the employer's obligation, not the worker's, but the worker should ask for the form. If the employer does not provide it, the worker can download the DWC-1 directly from the California Division of Workers' Compensation at dir.ca.gov.
California Labor Code §5402(c) requires the insurer to authorize up to $10,000 in medical treatment within one day of the completed DWC-1 — even during the 90-day decision window, even if the claim is later denied. A worker who needs urgent care should not wait on paperwork.
Once the completed DWC-1 reaches the insurer, the insurer has 90 days to accept or deny the claim under California Labor Code §5402(b). If the insurer does not decide within 90 days, the injury is presumed compensable — meaning the law treats the claim as accepted by default. A late denial may not be a valid denial at all.
A California worker generally has one year from the date of injury to file a workers' compensation claim under California Labor Code §5405. For a specific injury, the clock runs from the date of the incident. For a cumulative-trauma injury under California Labor Code §3208.1, the clock runs from the date the worker knew or should have known the condition was work-related and disabling.
After a Stipulated Award, the worker can petition to reopen the claim for new and further disability within five years of the date of injury under California Labor Code §5410. After a Compromise and Release, the right to reopen is generally extinguished. The five-year reopen right is one of the most valuable features of a Stipulated Award.
Each side has 10 days from receipt of the QME panel to strike one name under California Labor Code §4062.2. Missing the 10-day window without good cause forfeits the right to influence the panel. The remaining QME (or AME, in represented cases) conducts the evaluation.
If the insurer's Utilization Review under California Labor Code §4610 denies a treatment request, the worker has 30 days to appeal through Independent Medical Review under California Labor Code §4610.5. An independent physician then reviews the medical record and either upholds or overturns the denial. The 30-day IMR clock is short and unforgiving — missing it usually means accepting the UR denial.
After a workers' compensation judge issues a Findings and Award, the deadline to file a Petition for Reconsideration with the WCAB is 25 days from service by mail (20 statutory days plus 5 added by the WCAB rules of practice when service is by mail) or 20 days from electronic service via EAMS, under California Labor Code §5903. The petition must state one of the six statutory grounds for reconsideration. This deadline is hard — the WCAB has limited ability to extend it.
If the WCAB denies reconsideration, the worker has 45 days from the WCAB's decision on reconsideration to file a Writ of Review with the California Court of Appeal under California Labor Code §5950. The Writ is the last appellate step before the case becomes final.
Three deadlines cause most of the trouble in California claims. First, the 30-day notice to employer under California Labor Code §5400 — workers who push through pain for weeks before reporting often face a §5400 defense. Second, the 30-day IMR appeal under California Labor Code §4610.5 — workers who get a UR denial letter and do not understand what it means often miss the IMR window and end up paying for treatment out of pocket. Third, the 25-day Petition for Reconsideration under California Labor Code §5903 — workers who try to handle an adverse Findings and Award without an attorney often miss the short reconsideration deadline.
Injured at work? Call (661) 273-1780
Tap to call →The deadlines above are unforgiving on paper but manageable with simple discipline. The three habits below catch most California workers' compensation deadlines before they slip.
When the injury happens, calendar the 30-day notice deadline under California Labor Code §5400 and the one-year filing deadline under California Labor Code §5405. When the DWC-1 is filed, calendar the 90-day decision deadline under California Labor Code §5402(b). When a UR denial arrives, calendar the 30-day IMR deadline under California Labor Code §4610.5. When a Findings and Award is served, calendar the 25-day Reconsideration deadline under California Labor Code §5903 from the service date. Calendar entries with a reminder one week before are the cheapest insurance in the entire claim.
Service dates start the clocks. A Findings and Award served by mail on June 1 triggers a 25-day Reconsideration deadline running from that date — not from the date the worker happens to open the envelope. Save every envelope, photograph the postmark, and write the service date in the case file the day it arrives. EAMS electronic service produces a different deadline (20 days) and a clear timestamp.
California workers' compensation attorneys work on contingency under California Labor Code §4906 — typically 15% of any settlement, paid only if the case recovers. There is no upfront cost, and one of the things the firm handles is calendar discipline. A Certified Specialist in Workers' Compensation Law, certified by the California Board of Legal Specialization, State Bar of California, runs every case on a deadline-tracking system. Yazdchi Law handles California claims from the firm's office in Palmdale.
Last reviewed by Eman Yazdchi, Esq., May 2026.
Ready to discuss your case? Schedule a free consultation.
Schedule Free ConsultationRead more testimonials →“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”