California Workers' Compensation: Deadlines, Benefits and How to File
California workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for California
- Deadline to report the injury
- Report the injury or illness to a supervisor or manager as soon as possible. For an injury or illness that developed gradually, report it as soon as you learn or believe it was caused by your job. DWC, Workers' Compensation in California: A Guidebook for Injured Workers (7th ed., May 2024), Chapter 1
- Deadline to file a claim
- Proceedings to collect workers' comp medical treatment or disability benefits must generally be started within one year from the latest of: the date of injury, the end of any period covered by disability payments, or the last date medical treatment benefits were provided. Cal. Labor Code § 5405
- Weekly benefit rate
- Temporary disability is generally two-thirds of the gross (pre-tax) wages you lose while recovering, within a weekly minimum and maximum set by law, and is not taxable. DWC Guidebook for Injured Workers, Chapter 5; DWC FAQs for employees
- Maximum weekly benefit
- For injuries in 2026 (from January 1, 2026), the maximum temporary total disability rate is $1,764.11 per week and the minimum is $264.61 per week. For 2025 the maximum was $1,680.29 and the minimum $252.03. Cal. Labor Code § 4453(a)(10); DWC News Release 2025-116, "DWC announces temporary total disability rates for 2026"
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | All California employers must provide workers' compensation benefits to their employees. A business with even one employee must carry coverage, either through a licensed insurer or the State Compensation Insurance Fund, or by being approved to self-insure. Failing to carry coverage is a misdemeanor, and the state can also issue penalties of up to $100,000 against illegally uninsured employers. |
|---|---|
| Deadline to report the injury | Report the injury or illness to a supervisor or manager as soon as possible. For an injury or illness that developed gradually, report it as soon as you learn or believe it was caused by your job. If your employer does not learn about your injury within 30 days, you could lose your right to workers' compensation benefits. |
| Deadline to file a claim | Proceedings to collect workers' comp medical treatment or disability benefits must generally be started within one year from the latest of: the date of injury, the end of any period covered by disability payments, or the last date medical treatment benefits were provided. Source: Cal. Labor Code § 5405 |
| Waiting period | Temporary disability payments are owed when the treating doctor says you cannot do your usual job for more than three days, or you are hospitalized overnight, and the employer does not offer other work at your usual pay. Payments must be made every two weeks. |
Benefits
| Weekly benefit rate | Temporary disability is generally two-thirds of the gross (pre-tax) wages you lose while recovering, within a weekly minimum and maximum set by law, and is not taxable. For most injuries, temporary disability is limited to 104 weeks within five years of the injury date (for injuries after January 1, 2008); some severe injuries allow longer. |
|---|---|
| Maximum weekly benefit | For injuries in 2026 (from January 1, 2026), the maximum temporary total disability rate is $1,764.11 per week and the minimum is $264.61 per week. For 2025 the maximum was $1,680.29 and the minimum $252.03. The rates are adjusted each January 1 based on the change in the state average weekly wage. |
| How long benefits last | For injuries on or after January 1, 2008, temporary disability (TD) can be paid for up to 104 weeks within five years from the date of injury. Workers with certain long-term injuries (such as hepatitis B or C, amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis or chronic lung disease) may receive up to 240 weeks of TD within five years. TD generally stops sooner if the worker returns to work, is released for work, or the doctor says the condition has improved as much as it will. Permanent partial disability is paid over a fixed number of weeks; permanent total disability is paid for the rest of the worker's life. For injuries from April 19, 2004 through December 31, 2007, TD was limited to 104 weeks within two years from the start of payments. Permanent disability durations are in Chapter 7 (https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter7.pdf); Fact Sheet C: https://www.dir.ca.gov/dwc/FactSheets/FactSheet_c.pdf. The guidebook suggests also filing a state disability insurance (SDI) claim with EDD for income after TD ends. |
| Permanent disability | If the treating doctor finds you have reached maximum medical improvement ("permanent and stationary") with lasting effects, the doctor's report is converted into a permanent disability rating using the state's Permanent Disability Rating Schedule. The amount of permanent partial disability depends on the rating, the injury date and pre-injury wages, and is paid every two weeks over a fixed number of weeks starting within 14 days after temporary disability ends. Permanent total disability (a 100% rating) is paid for life at the temporary disability rate. A worker without an attorney can ask DWC to reconsider a rating or can take the issue to a workers' compensation judge. |
| Death benefits | For injuries on or after January 1, 2013, burial expenses up to $10,000 are paid. Total death benefits are $250,000 for one total dependent, $290,000 for two total dependents, and $320,000 for three or more, paid at the temporary disability rate (at least $224 per week); different amounts apply to partial dependents. Benefits to a totally dependent minor child continue until the youngest reaches 18, or for life if the child is disabled. Proceedings for death benefits must generally begin within one year of the death, and no later than 240 weeks after the injury. |
Doctors, filing, settlements and appeals
| Choosing a doctor | It depends on the employer's setup. Workers who have non-occupational health coverage may "predesignate" their personal physician or medical group before an injury, in writing. If the employer or insurer has a Medical Provider Network (MPN), you are usually treated first within the MPN, and after the first visit you may switch to other doctors in the MPN. If there is no MPN or health care organization (HCO), the claims administrator can usually choose the first doctor; you may switch doctors one time during the first 30 days after reporting the injury (the claims administrator usually picks the new doctor), and after 30 days you may switch to a doctor of your choice. |
|---|---|
| How to file | Report the injury, then fill out and sign the employee portion of the Workers' Compensation Claim Form (DWC 1) and give it to your employer; mailing it by first-class or certified mail with a return receipt is recommended. Your employer must give or mail you the form within one working day after learning of the injury, and must give you a copy of the completed form within one working day after you file it. If the claims administrator does not deny the claim within 90 days, it is generally considered accepted. Free help is available from DWC Information & Assistance officers at 1-800-736-7401. |
| Settlements | Yes. A case can be settled in two ways. With Stipulations with Request for Award, the worker and claims administrator agree on the permanent disability payments, medical care usually continues, and either side can usually ask to change benefits within five years from the date of injury. With a Compromise and Release, the worker receives a lump sum, future medical care may become the worker's responsibility if the lump sum covers it, and the case cannot be reopened if the condition changes. A workers' compensation judge must review any settlement to decide whether it is adequate. The worker does not have to accept a settlement offer and can instead have a judge decide the case. |
| Appealing a denial | If your claim is denied or you disagree with a decision, there are deadlines for filing papers, so act quickly. Disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); an Information & Assistance officer can help you request a hearing (an Application for Adjudication of Claim starts a case). If you disagree with a judge's decision, you can request reconsideration by the seven-member Appeals Board. Disputes over denied medical treatment go through utilization review and independent medical review (IMR). |
| Deadline to challenge a denial | Disputed claims: workers' comp disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); a case is started by filing an Application for Adjudication of Claim, generally within one year (see the claim deadline). To appeal a judge's decision, a petition for reconsideration must be received by the WCAB district office that issued it within 20 days from the date the decision was issued, or within 25 days if the decision was mailed to an address in California; the seven-member Appeals Board decides it. The guide text is marked Rev. 06/18 (district list updated 09/2026). |
| Retaliation for filing | It is illegal for an employer to punish or fire you for having a job injury or for filing a workers' compensation claim when you believe the injury was caused by your job, and illegal to punish or fire co-workers who testify in your case. Deadlines apply to taking action. |
| Filing or checking a claim online | In California an injured worker starts a workers' comp claim with the DWC 1 claim form. Your employer must give or mail you the form within one working day after learning of your injury or illness (or you can download it from the DWC forms page). Fill out only the employee section, sign and date it, keep a copy, and return it to your employer in person or by certified mail, return receipt requested. The employer completes its section and sends the form to the insurance company. For help, contact the Division of Workers' Compensation Information and Assistance (I&A) Unit or the DWC Information Services Center at 1-800-736-7401. |
| Lawyer fees in comp cases | In California your workers' comp attorney cannot charge you directly; the fee is paid out of a portion of your workers' compensation benefits, and any award or settlement must be approved by a workers' compensation administrative law judge. Free help is available from local Information & Assistance (I&A) officers, who do not act as your attorney but help you understand how to act on your own behalf. |
Lawsuits and uninsured employers
| Suing your employer | Suing the employer: in California, when the conditions of workers' compensation are met (the worker was an employee, the employer was insured or self-insured, and the injury happened while working and was caused at least in part by the work), workers' comp is the exclusive remedy against the employer. California's official jury instructions list the exceptions under which an employee may sue: the employer's willful physical assault, the employer's fraudulent concealment of the injury that aggravates it, injury from a defective product the employer made and sold, and removal or failure to install a required guard on a power press. Co-employees can be sued only for a willful and unprovoked physical act of aggression or injury caused by their intoxication. The DWC Guidebook for Injured Workers (May 2024) also states workers generally cannot sue the employer for a job injury. |
|---|---|
| Suing someone other than your employer | Suing someone else: the DWC Guidebook for Injured Workers lists a claim or lawsuit against someone other than the employer who caused the injury as another possible source of recovery besides workers' comp. |
| If your employer has no workers' comp | Employer without coverage: it is illegal for a California employer with employees to operate without workers' comp, and the employer can face fines, a shutdown order and criminal charges. An injured worker can file a claim with the employer, may file a lawsuit for benefits in civil court, and can open a case with the Workers' Compensation Appeals Board and apply to the state Uninsured Employers Benefits Trust Fund (UEBTF), which pays awards the uninsured employer fails to pay and then seeks repayment from the employer. To get UEBTF benefits the worker must correctly name the employer and formally serve it. |
Where to get help in California
Workers' Compensation FAQ
Which employers must have workers' comp in California?
All California employers must provide workers' compensation benefits to their employees. A business with even one employee must carry coverage, either through a licensed insurer or the State Compensation Insurance Fund, or by being approved to self-insure. Failing to carry coverage is a misdemeanor, and the state can also issue penalties of up to $100,000 against illegally uninsured employers.
How long do you have to report a work injury in California?
Report the injury or illness to a supervisor or manager as soon as possible. For an injury or illness that developed gradually, report it as soon as you learn or believe it was caused by your job. If your employer does not learn about your injury within 30 days, you could lose your right to workers' compensation benefits.
What is the deadline to file a workers' comp claim in California?
Proceedings to collect workers' comp medical treatment or disability benefits must generally be started within one year from the latest of: the date of injury, the end of any period covered by disability payments, or the last date medical treatment benefits were provided.
Is there a waiting period for workers' comp in California?
Temporary disability payments are owed when the treating doctor says you cannot do your usual job for more than three days, or you are hospitalized overnight, and the employer does not offer other work at your usual pay. Payments must be made every two weeks.
How much does workers' comp pay in California?
Temporary disability is generally two-thirds of the gross (pre-tax) wages you lose while recovering, within a weekly minimum and maximum set by law, and is not taxable. For most injuries, temporary disability is limited to 104 weeks within five years of the injury date (for injuries after January 1, 2008); some severe injuries allow longer.
What is the maximum workers' comp benefit in California?
For injuries in 2026 (from January 1, 2026), the maximum temporary total disability rate is $1,764.11 per week and the minimum is $264.61 per week. For 2025 the maximum was $1,680.29 and the minimum $252.03. The rates are adjusted each January 1 based on the change in the state average weekly wage.
Can you choose your own doctor for workers' comp in California?
It depends on the employer's setup. Workers who have non-occupational health coverage may "predesignate" their personal physician or medical group before an injury, in writing. If the employer or insurer has a Medical Provider Network (MPN), you are usually treated first within the MPN, and after the first visit you may switch to other doctors in the MPN. If there is no MPN or health care organization (HCO), the claims administrator can usually choose the first doctor; you may switch doctors one time during the first 30 days after reporting the injury (the claims administrator usually picks the new doctor), and after 30 days you may switch to a doctor of your choice.
How does permanent disability work under workers' comp in California?
If the treating doctor finds you have reached maximum medical improvement ("permanent and stationary") with lasting effects, the doctor's report is converted into a permanent disability rating using the state's Permanent Disability Rating Schedule. The amount of permanent partial disability depends on the rating, the injury date and pre-injury wages, and is paid every two weeks over a fixed number of weeks starting within 14 days after temporary disability ends. Permanent total disability (a 100% rating) is paid for life at the temporary disability rate. A worker without an attorney can ask DWC to reconsider a rating or can take the issue to a workers' compensation judge.
What workers' comp death benefits are available in California?
For injuries on or after January 1, 2013, burial expenses up to $10,000 are paid. Total death benefits are $250,000 for one total dependent, $290,000 for two total dependents, and $320,000 for three or more, paid at the temporary disability rate (at least $224 per week); different amounts apply to partial dependents. Benefits to a totally dependent minor child continue until the youngest reaches 18, or for life if the child is disabled. Proceedings for death benefits must generally begin within one year of the death, and no later than 240 weeks after the injury.
How do you file a workers' comp claim in California?
Report the injury, then fill out and sign the employee portion of the Workers' Compensation Claim Form (DWC 1) and give it to your employer; mailing it by first-class or certified mail with a return receipt is recommended. Your employer must give or mail you the form within one working day after learning of the injury, and must give you a copy of the completed form within one working day after you file it. If the claims administrator does not deny the claim within 90 days, it is generally considered accepted. Free help is available from DWC Information & Assistance officers at 1-800-736-7401.
How do you appeal a denied workers' comp claim in California?
If your claim is denied or you disagree with a decision, there are deadlines for filing papers, so act quickly. Disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); an Information & Assistance officer can help you request a hearing (an Application for Adjudication of Claim starts a case). If you disagree with a judge's decision, you can request reconsideration by the seven-member Appeals Board. Disputes over denied medical treatment go through utilization review and independent medical review (IMR).
Can you be fired for filing workers' comp in California?
It is illegal for an employer to punish or fire you for having a job injury or for filing a workers' compensation claim when you believe the injury was caused by your job, and illegal to punish or fire co-workers who testify in your case. Deadlines apply to taking action.
How long can you receive workers' comp in California?
For injuries on or after January 1, 2008, temporary disability (TD) can be paid for up to 104 weeks within five years from the date of injury. Workers with certain long-term injuries (such as hepatitis B or C, amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis or chronic lung disease) may receive up to 240 weeks of TD within five years. TD generally stops sooner if the worker returns to work, is released for work, or the doctor says the condition has improved as much as it will. Permanent partial disability is paid over a fixed number of weeks; permanent total disability is paid for the rest of the worker's life.
How do workers' comp settlements work in California?
Yes. A case can be settled in two ways. With Stipulations with Request for Award, the worker and claims administrator agree on the permanent disability payments, medical care usually continues, and either side can usually ask to change benefits within five years from the date of injury. With a Compromise and Release, the worker receives a lump sum, future medical care may become the worker's responsibility if the lump sum covers it, and the case cannot be reopened if the condition changes. A workers' compensation judge must review any settlement to decide whether it is adequate. The worker does not have to accept a settlement offer and can instead have a judge decide the case.
How do I file or check a workers' comp claim online in California?
In California an injured worker starts a workers' comp claim with the DWC 1 claim form. Your employer must give or mail you the form within one working day after learning of your injury or illness (or you can download it from the DWC forms page). Fill out only the employee section, sign and date it, keep a copy, and return it to your employer in person or by certified mail, return receipt requested. The employer completes its section and sends the form to the insurance company. For help, contact the Division of Workers' Compensation Information and Assistance (I&A) Unit or the DWC Information Services Center at 1-800-736-7401.
How much can a workers' comp lawyer charge in California?
In California your workers' comp attorney cannot charge you directly; the fee is paid out of a portion of your workers' compensation benefits, and any award or settlement must be approved by a workers' compensation administrative law judge. Free help is available from local Information & Assistance (I&A) officers, who do not act as your attorney but help you understand how to act on your own behalf.
Can you sue your employer for a work injury in California?
Suing the employer: in California, when the conditions of workers' compensation are met (the worker was an employee, the employer was insured or self-insured, and the injury happened while working and was caused at least in part by the work), workers' comp is the exclusive remedy against the employer. California's official jury instructions list the exceptions under which an employee may sue: the employer's willful physical assault, the employer's fraudulent concealment of the injury that aggravates it, injury from a defective product the employer made and sold, and removal or failure to install a required guard on a power press. Co-employees can be sued only for a willful and unprovoked physical act of aggression or injury caused by their intoxication.
Can you sue a third party for a work injury in California?
Suing someone else: the DWC Guidebook for Injured Workers lists a claim or lawsuit against someone other than the employer who caused the injury as another possible source of recovery besides workers' comp.
What if my employer doesn't have workers' comp insurance in California?
Employer without coverage: it is illegal for a California employer with employees to operate without workers' comp, and the employer can face fines, a shutdown order and criminal charges. An injured worker can file a claim with the employer, may file a lawsuit for benefits in civil court, and can open a case with the Workers' Compensation Appeals Board and apply to the state Uninsured Employers Benefits Trust Fund (UEBTF), which pays awards the uninsured employer fails to pay and then seeks repayment from the employer. To get UEBTF benefits the worker must correctly name the employer and formally serve it.
How long do you have to appeal a denied workers' comp claim in California?
Disputed claims: workers' comp disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); a case is started by filing an Application for Adjudication of Claim, generally within one year (see the claim deadline). To appeal a judge's decision, a petition for reconsideration must be received by the WCAB district office that issued it within 20 days from the date the decision was issued, or within 25 days if the decision was mailed to an address in California; the seven-member Appeals Board decides it.
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