How Long Do I Have to File a Workers’ Comp Claim in California?

After a workplace injury, time is not on your side. If you wait too long to take action, you could lose your right to benefits.

Here’s what you need to know about workers’ comp deadlines in California:

1. Report the Injury Within 30 Days

California law requires you to notify your employer within 30 days of the injury. This is the first—and most important—step.

Even if the injury seems minor, report it right away. A delay can make it harder to prove your case and may cause your claim to be denied.

2. File a Claim Within 1 Year

You must file your workers’ compensation claim (Form DWC-1) within one year of:

– The date of injury

– The date you knew the injury was work-related

– The last date you received benefits (whichever is later)

This is the statute of limitations. Miss it, and you may permanently lose your chance to collect benefits.

What About Repetitive or Delayed-Onset Injuries?

If your injury developed over time (like carpal tunnel or back problems), the clock may not start until you knew or should have known it was related to your job. In these cases, documentation is critical.

Exceptions to the Rule

Some situations allow for extensions, such as:

– If you were a minor at the time of injury

– If you were mentally or physically incapacitated

– If your employer didn’t provide proper forms or notices

Even so, it’s risky to wait.

Get Help Filing the Right Way

Filing a claim on time is just the first step. The process can get complicated fast—especially if your employer or their insurance company disputes your case.Thomas F. Martin, PLC offers a free 30-minute case evaluation to guide you through it and protect your rights. Call (714) 547-5025 today.

Also read: Can I Reopen a Workers’ Comp Claim in California?