Filing a Workers' Comp Claim 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.

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.

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.

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).

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.