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California workers' comp deadlines

By the CalCompGuide editorial team · Last updated November 2026 · How we write and check guides

Short answer

The most important deadlines are: 30 days to tell your employer (LC §5400); 90 days for the insurer to accept or deny after you file the DWC-1 (LC §5402); and one year to file an Application for Adjudication with the Workers' Compensation Appeals Board if benefits aren't being provided (LC §5405). Temporary disability is capped at 104 weeks within five years of the injury (LC §4656).

The deadline table

DeadlineTime limitLaw
Tell your employer about the injury30 days from the injury (for gradual injuries, from when you knew it was work-related)LC §5400
Employer gives you a claim form1 working day after learning of the injuryLC §5401
First temporary disability payment14 days after the employer knows of the injury and disabilityLC §4650
Accept or deny the claim90 days after you file the DWC-1, or the injury is presumed coveredLC §5402
File with the WCAB (statute of limitations)1 year from the injury, the last TD payment, or the last medical treatment provided, whichever is laterLC §5405
Request independent medical review30 days after a utilization review denial is served (10 days for drugs on the MTUS drug list)8 CCR §9792.10.1
Temporary disability limit104 compensable weeks within 5 years of the injury (240 weeks for certain severe injuries)LC §4656
Petition for reconsideration of a judge's decision20 days after service (plus 5 days if served by mail)LC §5903
Reopen for new and further disability5 years from the date of injuryLC §5410
Death benefits claim1 year from death (with outer limits measured from the injury)LC §5406

The one-year statute of limitations, explained

If the insurer denies your claim or never provides benefits, you generally have one year from the date of injury to file an Application for Adjudication of Claim with the WCAB. If benefits were provided, the year usually runs from the last temporary disability payment or the last medical treatment the insurer furnished. The deadline can be extended (tolled) in some situations, for example when your employer never gave you the claim form or the required notice of your rights. Don't count on an exception: if you're near a year, act now.

Gradual and repetitive injuries

For cumulative trauma, the "date of injury" is the date you first suffered disability and knew, or reasonably should have known, it was caused by work (LC §5412). That date can be years after the harm started. See cumulative trauma.

Deadlines you might not expect

  • QME panel steps. Once you receive a panel of three doctors, you have 10 days to pick one and schedule (if you don't have an attorney). Miss it and the claims administrator may choose.
  • Objecting to a medical report. Disputes with your treating doctor's findings have short objection windows; read every letter for dates.
  • Public employers and outside lawsuits. If someone other than your employer caused the injury (for example a driver who hit you), a separate injury lawsuit usually has a two-year limit, and a claim against a government agency can require a written claim within six months.

Deadlines depend on the facts. If any date below is close or has already passed, talk with a workers' comp attorney or the DWC Information & Assistance unit right away.

What to do next

  • Run your dates through the deadline checker below.
  • Put the 90-day and 1-year dates in your phone calendar.
  • Keep every letter and envelope; service dates start many clocks.

Report and claim deadline checker

For a gradual injury, use the date you first knew it was caused by work.

Sources

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.