How to File a Workers' Compensation Claim in California

Report the injury to your employer

Report your injury to your employer as soon as you can. You are generally required to report it within 30 days (Cal. Labor Code § 5400). Put it in writing if possible, such as a text or email, so there is a dated record.

If your injury developed over time, sometimes called a cumulative trauma or repetitive stress injury, such as carpal tunnel, back damage from years of lifting, or hearing loss, the "date of injury" is generally when you first suffered disability and knew, or reasonably should have known, that it was caused by your work (Labor Code § 5412).

Not sure what to do in the first days after an injury? See what to do after a work injury →

Get the DWC-1 claim form

Your employer must give you a DWC-1 claim form within one working day of learning about your injury (Labor Code § 5401).

Fill out the employee section correctly

The DWC-1 has an employee section (yours) and an employer section (theirs). Complete your section carefully and return it to your employer as soon as possible. Mistakes in the employee section are a common reason claims get delayed, so take care when filling out the form.

Treatment starts while the claim is investigated

Another mistake people commonly make is that once you submit the claim form, you don't need to wait for it to be accepted to seek treatment. Remember that employers and insurance companies have some time to accept, delay, or deny your claim. Regardless, often times, your employer's insurance must authorize up to $10,000 in medical treatment. (Cal. Labor Code § 5402)

Watch for the insurer's response

The claims administrator must investigate the claim. If it is not immediately accepted or denied, the administrator generally must send a written delay notice within 14 days. The claim generally must be accepted or denied within 90 days after the claim form is filed.

• Accepted: benefits begin. Disability payments can also begin at this time.
• Delayed: the insurer is still investigating and generally has up to 90 days from your claim form. If it doesn't deny the claim by then, the injury may be presumed covered (Labor Code § 5402).
• Denied: you can challenge it. Our Workers' Compensation lawyers can assist in challenging denials. See what to do if your claim is denied.

File an Application for Adjudication if there's a dispute

The DWC-1 opens a claim with the insurer. It does not open a case with the court. If there's any dispute over whether your injury is covered, what treatment you get, or what benefits you're owed, the case moves to the Workers' Compensation Appeals Board (WCAB) through an Application for Adjudication of Claim. You generally have one year from the latest of your injury date, your last disability payment, or your last medical treatment to file the Application. This is where a Pasadena workers' compensation lawyer can help.