I just filed my DWC-1 claim form. What happens in the next 90 days?

Q: I just filed my DWC-1 claim form. What happens in the next 90 days?

Once you file the DWC-1, the claim administrator has up to 90 days to accept, deny, or delay your claim while investigating. During this time, they must authorize up to $10,000 in reasonable medical treatment. Watch your mail for letters explaining your claim status. If 90 days pass with no decision, your claim is treated as accepted.

What happens right after you file the DWC-1?

Once you hand in or mail the DWC-1 claim form to your employer, your employer must forward it to their workers' comp insurance company (the claim administrator) within one working day. That company then opens a claim file and starts an investigation into whether your injury qualifies for benefits.

This is the official start of the 90 day investigation period under Labor Code section 5402. The clock starts ticking from the date your employer received your completed DWC-1, not from the date of your injury. You should get a letter from the claim administrator within a few days confirming they received your claim and assigning you a claim number. Keep that letter. You will need the claim number every time you call or write about your case.

During this window, the claim administrator is gathering medical records, talking to witnesses, and reviewing your work history to decide whether to accept or deny your claim.

This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.

Reviewed by Eman Yazdchi, Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization (Bar No. 285231).

I just filed my DWC-1 claim form. What happens in the next 90 days?

What happens right after you file the DWC-1?

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