Workers’ Comp Deadlines in California

Workers' comp deadlines are strict, and the insurer will use a missed deadline to deny an otherwise valid claim. Here are the ones that matter.

The 30-day report deadline

Report your injury to your employer within 30 days (Labor Code § 5400). Late reporting rarely bars a claim by itself (the employer's actual knowledge counts, and you're protected unless the delay misled and prejudiced them — Labor Code § 5403), but it hands the insurer an argument and can delay benefits — report immediately and in writing.

The one-year statute of limitations

You generally have one year to file your claim (Labor Code § 5405) — measured from the date of injury or, importantly, from the last date the employer voluntarily provided benefits or medical treatment (whichever is later). That's why an insurer quietly stopping treatment can start a clock you don't know about. The deadline can also be extended if the employer never gave you a claim form or notice of your rights.

Cumulative trauma and occupational disease — the "discovery" rule

For injuries that build over time (repetitive strain, back degeneration, hearing loss, toxic exposure), the clock usually starts on the date of injury defined as when you both (a) suffered disability and (b) knew or should have known it was caused by work (Labor Code § 5412). These dates are frequently litigated — get advice early.

The 90-day insurer decision rule

After you file the DWC-1, the claims administrator has 90 days to accept or deny. No denial within 90 days generally means the injury is presumed compensable (Labor Code § 5402(b)).

Other clocks worth knowing

• Petition to reopen for new & further disability: generally within 5 years of the date of injury (Labor Code § 5410).
• Death benefit claims: dependents have their own filing deadlines, generally tied to the date of death — talk to an attorney promptly.
• Appealing a decision: a Petition for Reconsideration must be filed within 20 days of a WCAB decision (25 days if it was served by mail) — Labor Code § 5903.

Don't guess — one missed date can end everything

Because start dates for cumulative injuries are debatable and the statute of limitations can run from events you may not notice, the safest move if you think you're near any deadline is to talk to an attorney immediately. BKHC consultations are free.