THE SHORT ANSWER
Before you use this table, read one rule. In a cumulative trauma or occupational disease claim, the “date of injury” is not when the wear or exposure began. The law sets it as the date you first suffered disability and knew, or reasonably should have known, it was caused by the employment. Both are required. Almost every deadline below runs off that date, and getting it wrong is how valid claims get abandoned.
On this page
Reporting and filing
| Reporting and filing | WHAT IT GOVERNS |
|---|---|
| 30 days | Report the injury to your employer — but knowledge by any supervisor, foreman, or person in authority, from any source, is equivalent to notice, and late notice does not bar a claim absent actual prejudice |
| 1 working day | Employer must give you a DWC-1 claim form |
| 1 working day | Employer must authorize treatment — up to $10,000 — while liability is investigated, and the duty runs until liability is accepted or rejected, not past a rejection |
| 14 days | Claims administrator must make the first disability payment, or tell you in writing that the decision is delayed or the claim is denied |
| 90 days | If liability is not rejected, the injury is presumed compensable — rebuttable only by evidence discovered after the 90 days |
| 1 year | File the Application for Adjudication with the WCAB |
Benefits and payments
| Benefits and payments | WHAT IT GOVERNS |
|---|---|
| 14 days | First temporary disability payment, from knowledge of injury and disability |
| Every 2 weeks | All payments after the first |
| Automatic | A late indemnity payment is increased 10%, “without application” |
| 2 years | § 5814 penalty for unreasonable delay, from when the payment was due |
| 90 days | Employer’s window to self-impose a 10% penalty and resolve a delay |
Medical
| Medical | WHAT IT GOVERNS |
|---|---|
| 30 days | Request IMR after a UR denial — and a modification is a denial of what was left out; 10 days if the dispute is only over MTUS Drug List drugs |
| 30 days | MPN independent medical review findings after examination — 3 days expedited |
| 14 days | The home health care lookback. The employer is not liable for care provided more than 14 days before it received the physician’s prescription |
Litigation
| Litigation | WHAT IT GOVERNS | AUTHORITY |
|---|---|---|
| 10 calendar days | Object to a Declaration of Readiness — or objections to proceeding on its issues are deemed waived | 8 CCR § 10744 |
| 10–30 days | Mandatory Settlement Conference is set after a DOR | § 5502(d) |
| At the MSC | DISCOVERY CLOSES. Undisclosed evidence is inadmissible | § 5502(d)(3) |
| 75 days | Trial, after the DOR is filed | § 5502(d) |
| 20 days | Petition for Reconsideration — only from a final order; a non-final order takes a Petition for Removal | § 5903 |
| 60 days from transmittal | The Board must act or the petition is deemed denied — the 60 days runs from the date a trial judge transmits the case to the Board, made permanent by SB 171 on July 13, 2026 | § 5909 |
| 45 days | Petition for Writ of Review to the Court of Appeal | — |
Penalties and separate claims
| Compared | WHAT IT GOVERNS | AUTHORITY |
|---|---|---|
| 12 months from the injury | § 4553 serious and willful misconduct petition — +50%, uninsurable | § 5407 |
| 1 year | § 132a discrimination petition | § 132a |
| 2 years | Most third-party personal injury claims | — |
| 6 months | Present a claim against a government entity | — |
Reopening and death
| Reopening and death | WHAT IT GOVERNS |
|---|---|
| 5 years from the DATE OF INJURY | Reopen for new and further disability |
| 1 year from death, and no more than 240 weeks from the date of injury | Death benefit claim — whichever runs out first controls |
| 1 year from death, no 240-week cap | Death of an asbestos worker or firefighter from asbestosis |
| 420 weeks from the date of injury, and within 1 year of death | Death from cancer, tuberculosis or blood-borne infectious disease — the public-safety presumptions. 180 weeks longer than the general rule |
| 1 year from death | HIV-related death of a health care worker, a § 3212 employee, or a Penal Code § 830.5 worker |
The two that are miscounted most often
§ 5410 — FIVE YEARS FROM THE DATE OF INJURY
Not from the settlement. Not from the award. Not from when you got worse. Injured 2021, settled 2025 → you have one year. Injured 2019, settled 2024 → already gone.
§ 5406(b) — 240 WEEKS IS FOUR YEARS AND SEVEN MONTHS FROM THE DATE OF INJURY
In an occupational disease death, where § 5412 sets the date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this. at first disability plus knowledge, that outer limit can expire while the worker is still alive.
And if one has run, others may not have
- A new injury is a new claim — with its own date of injury — including a new cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed. from work performed since. The most commonly missed route.
- Future medical may still be open — on a Stipulated Award, and treatment disputes remain contestable through URUR Utilization Review. The process that approves, modifies, or denies each treatment request. A modification is a denial of what it left out. and IMRIMR Independent Medical Review. The appeal from a UR denial. 30 days (10 if the dispute is only over drugs on the MTUS Drug List). regardless of the five-year reopening limit.
- A third-party claim exists outside the comp file entirely — with its own limitations period.
- And a § 132a or FEHA claim from a termination has its own deadlines — which are not the comp deadlines.
Do not decide on your own that you are out of time. More valid California claims die from a worker concluding that a deadline passed than from anyone actually missing one.
Frequently asked questions
How long do I have to report my injury?
30 days — but knowledge by any supervisor, foreman, or person in authority, from any source, is equivalent to notice, and late notice does not bar a claim absent actual prejudice.
How long do I have to file the claim itself?
One year from the date of injury to file the Application for AdjudicationApplication for Adjudication Opens your case at the Appeals Board. One year. — extended by benefits actually provided.
When does the five years to reopen start?
From the date of injury. Not from your settlement, not from your award, and not from when you got worse.
My injury built up over years. What is my date of injury?
The date you first suffered disability and knew, or reasonably should have known, it was caused by your work. Both are required, and it is often far later than people assume.
They filed a Declaration of Readiness. How long do I have?
Ten calendar days to object, or objections to proceeding on the issues it lists are deemed waived.
I think I missed a deadline.
Check before concluding that. A new injury is a new claim with its own date, future medical may still be open on a Stipulated Award, and a third-party or § 132a claim runs outside the comp file entirely.
Sources
Labor Code §§ 132a, 4553, 4600(h), 4610.5, 4610.6, 4616.4, 4650, 4656, 5400, 5401, 5402, 5403, 5405, 5406, 5406.5, 5406.6, 5406.7, 5407, 5410, 5412, 5502, 5804, 5814, 5903, 5909 (AB 171, Stats. 2024, ch. 52, §§ 27–28; SB 171, Stats. 2026, ch. 83)Penal Code § 830.58 CCR §§ 9812, 10744, 10759, 9792.9.1–9792.9.8 (UR, restructured April 1, 2026)Baker v. WCAB (2011) 52 Cal.4th 434Nunes v. State of California, DMV (2023, WCAB en banc) and Nunes IIReed v. County of San Bernardino (2024, significant panel)Zenith Ins. Co. v. WCAB (Hernandez) (2025) 110 Cal.App.5th 1164Rader v. Ticketmaster (2026, significant panel)Guzman v. ADCO Roofing (2026, panel)§§ 5400, 5402(a), 5403§ 5402(c)§ 5402(b)§ 4650(a)§ 4650(c)§ 4650(d)§ 5814(g)§ 5814(b)§ 3212.1§ 3212.6§ 3212.8.
General information about California law, not legal advice about your case.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/resources/deadlines/ · Last reviewed