Getting started
How to file a workers' comp claim in California
You file a California workers' comp claim by completing the employee section of the DWC-1 claim form and giving it to your employer. Your employer must complete its section, give you a dated copy and send it to its insurer within one working day. The insurer then has 90 days to accept or deny, and must authorize up to $10,000 of treatment in the meantime (Labor Code §5402).
Who you file with (it isn't the state)
A claim is filed with your employer, not with the Division of Workers' Compensation (DWC) or a court. Your employer passes it to its workers' comp insurer or, if it is self-insured, its claims administrator. That company, usually called the claims administrator or adjuster, makes decisions about your benefits.
Step by step
- Get the form. Your employer must give you a DWC-1 within one working day of learning about the injury. You can also download it from the DWC forms page; it's available in English/Spanish and several other languages.
- Fill out the employee section only (items 1–9): your name and address, date and time of injury, where it happened, every body part affected, and your signature. See our field-by-field DWC-1 walkthrough.
- Give it to your employer. Hand it to a supervisor or HR, or mail it by first-class or certified mail with a return receipt. Keep a copy marked "Employee's Temporary Receipt."
- Get your dated copy back. Your employer completes items 10–19, dates it, gives you a copy and sends one to the claims administrator within one working day of receiving it.
What happens after you file
| When | What must happen | Source |
|---|---|---|
| 1 working day after filing | Employer authorizes medical treatment (up to $10,000 while the claim is pending) and forwards the form | LC §5402(c); DWC-1 instructions |
| Within 14 days | Claims administrator tells you in writing whether the claim is accepted, denied, or delayed for investigation; first temporary disability payment is due if you're off work and the claim isn't denied | DWC-1 notice; LC §4650 |
| Within 90 days | Claim must be accepted or denied. If it isn't denied in time, it is presumed covered | LC §5402(b) |
Your employer's duties
- Post a notice of workers' comp rights and give new employees a pamphlet explaining benefits.
- Provide the claim form within one working day of knowing about an injury, and forward your completed form within one working day.
- Authorize appropriate treatment within one working day of receiving your claim form.
- Not retaliate against you for reporting or filing (LC §132a).
If your employer refuses to give you a claim form, download it yourself, fill it out and deliver it by certified mail. Call the DWC Information & Assistance unit (1-800-736-7401) if you run into trouble.
What if my employer has no insurance?
Every California employer with even one employee must carry workers' comp insurance or be approved to self-insure. If yours doesn't, you can still get benefits through the Uninsured Employers Benefits Trust Fund. See misclassification and uninsured employers.
Tips that prevent problems later
- List every body part, including ones that hurt only a little. Adding body parts later is possible but harder.
- Describe the injury in plain words; you don't need medical terms.
- Check the email box only if you really want notices by email only.
- Keep every letter from the claims administrator in one folder, with the envelope.
Key deadlines
- 30 days from injury to notify your employer (LC §5400).
- 1 working day for your employer to give you a claim form and to forward it.
- 14 days for the first written decision or delay notice, and the first TD check if you're off work.
- 90 days for the insurer to accept or deny (LC §5402).
- 1 year to file with the WCAB if benefits aren't provided (LC §5405).
Sources
- DWC-1 Workers' Compensation Claim Form and Notice of Potential Eligibility (PDF)
- California Labor Code §5401 (claim form)
- California Labor Code §5402 (90-day decision; $10,000 treatment)
- California Labor Code §4650 (timing of payments; late-payment increase)
- DWC I&A guide 1: How to file a claim form (PDF)
- DWC forms index
- DWC: What to do if you get hurt on the job
Official sources checked November 2026. Laws and rates change; check the source for the latest version.
This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.