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Reference

Every deadline, in one place

Twenty deadlines, each with its statute — and the two miscounted most often, both of which run from the date of injury rather than from anything that feels like a starting point.

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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 filingWHAT IT GOVERNS
30 daysReport 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 dayEmployer must give you a DWC-1 claim form
1 working dayEmployer 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 daysClaims administrator must make the first disability payment, or tell you in writing that the decision is delayed or the claim is denied
90 daysIf liability is not rejected, the injury is presumed compensable — rebuttable only by evidence discovered after the 90 days
1 yearFile the Application for Adjudication with the WCAB

Benefits and payments

Benefits and paymentsWHAT IT GOVERNS
14 daysFirst temporary disability payment, from knowledge of injury and disability
Every 2 weeksAll payments after the first
AutomaticA late indemnity payment is increased 10%, “without application”
2 years§ 5814 penalty for unreasonable delay, from when the payment was due
90 daysEmployer’s window to self-impose a 10% penalty and resolve a delay

How penalties work

Medical

MedicalWHAT IT GOVERNS
30 daysRequest 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 daysMPN independent medical review findings after examination — 3 days expedited
14 daysThe home health care lookback. The employer is not liable for care provided more than 14 days before it received the physician’s prescription

Utilization review Independent medical review

Litigation

LitigationWHAT IT GOVERNSAUTHORITY
10 calendar daysObject to a Declaration of Readiness — or objections to proceeding on its issues are deemed waived8 CCR § 10744
10–30 daysMandatory Settlement Conference is set after a DOR§ 5502(d)
At the MSCDISCOVERY CLOSES. Undisclosed evidence is inadmissible§ 5502(d)(3)
75 daysTrial, after the DOR is filed§ 5502(d)
20 daysPetition for Reconsideration — only from a final order; a non-final order takes a Petition for Removal§ 5903
60 days from transmittalThe 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 daysPetition for Writ of Review to the Court of Appeal—

Hearings and trial What SB 171 changed

Penalties and separate claims

ComparedWHAT IT GOVERNSAUTHORITY
12 months from the injury§ 4553 serious and willful misconduct petition — +50%, uninsurable§ 5407
1 year§ 132a discrimination petition§ 132a
2 yearsMost third-party personal injury claims—
6 monthsPresent a claim against a government entity—

Reopening and death

Reopening and deathWHAT IT GOVERNS
5 years from the DATE OF INJURYReopen for new and further disability
1 year from death, and no more than 240 weeks from the date of injuryDeath benefit claim — whichever runs out first controls
1 year from death, no 240-week capDeath of an asbestos worker or firefighter from asbestosis
420 weeks from the date of injury, and within 1 year of deathDeath from cancer, tuberculosis or blood-borne infectious disease — the public-safety presumptions. 180 weeks longer than the general rule
1 year from deathHIV-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.

Can I reopen my case? Death benefits

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.

Cumulative trauma When you don’t need a lawyer

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

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