The Two Critical Deadlines You Must Know
Deadline #1: Report to Your Employer (30 Days)
California Labor Code requires you to notify your employer within 30 days of the injury. This is an informal notice—verbal is acceptable, but written is smarter.
What Qualifies as Proper Notice:
- ✓ Telling your supervisor: "I hurt my back lifting boxes yesterday"
- ✓ Submitting an incident report or injury form
- ✓ Sending an email to HR describing the injury
- ✓ Completing an employer's first aid log entry
- ✓ Text message or voicemail to supervisor (save copies)
Penalty for Late Notice:
If you report after 30 days, you lose one day of temporary disability benefits for each day you're late. Example: Report 45 days after injury = lose 15 days of TD payments (roughly $3,000-$4,000 in lost benefits).
Exception: If the employer had actual knowledge of the injury (witnessed it, provided first aid, etc.), late notice penalties may not apply. But don't rely on this—always report in writing.
Deadline #2: File a Formal Claim (1 Year)
You have one year from the date of injury to file an Application for Adjudication of Claim with the Workers' Compensation Appeals Board (WCAB). This is the formal legal document that preserves your right to benefits.
When Does the 1-Year Clock Start?
For Specific Injuries (falls, accidents):
Clock starts on the date of injury.
For Cumulative Trauma (carpal tunnel, hearing loss):
Clock starts when you knew or should have known the condition was caused by work.
For Occupational Illness (asbestos, chemical exposure):
Clock starts when you're diagnosed and informed it's work-related.
What Happens If You Miss the 1-Year Deadline:
Your claim is permanently barred. You cannot file. You cannot receive benefits. There are extremely limited exceptions (employer fraud, failure to post required notices). Missing this deadline destroys your case.
Special Rules for Cumulative Trauma Injuries
Injuries that develop over time—carpal tunnel, herniated discs, hearing loss, respiratory disease—follow different rules because there's no single "date of injury."
The "Date of Knowledge" Rule
For cumulative injuries, the statute of limitations runs from the date you knew or reasonably should have known:
- • The injury or illness exists
- • It's work-related (not just aging or personal activities)
- • It's serious enough to require medical treatment beyond first aid
Example - Carpal Tunnel Syndrome:
- • 2022: You notice occasional wrist tingling. You think it's nothing serious.
- • Early 2023: Tingling becomes constant pain. You see a doctor who says "probably carpal tunnel, likely from typing all day at work."
- • June 2023: This is your "date of knowledge"—you now know it's work-related and requires treatment.
- • Deadline: You have until June 2024 to file your workers' comp claim.
Insurance Defense Tactic: Adjusters will argue you "should have known" much earlier than you claim, trying to push your deadline back and bar your claim. Document everything: when symptoms started, when you saw doctors, when diagnosis was made, when you were told it was work-related.
What If I'm Receiving Treatment But Haven't Filed?
Common misconception: "My employer's insurance is paying for treatment, so I don't need to worry about deadlines."
Reality: Ongoing treatment does NOT extend filing deadlines. The insurance can cut you off at any time, and if you're past the one-year mark, you have no recourse.
Tolling (Pausing) the Statute of Limitations:
The deadline may be paused if:
- • The employer voluntarily pays temporary disability benefits
- • The employer provides medical treatment and leads you to believe a claim isn't necessary
- • The employer fraudulently conceals the need to file (rare)
- • The employer failed to post required workers' comp notices
These are fact-specific exceptions. Don't assume they apply—file within the one-year deadline.
Real-World Deadline Scenarios
✓ Filed On Time: Construction Fall
Injury date: March 15, 2024. Worker fell from ladder, broke ankle.
Reported to employer: March 15, 2024 (same day, verbally to supervisor).
Filed DWC-1: March 20, 2024.
Formal Application filed: February 10, 2025 (within 1 year).
Result: Claim preserved. All deadlines met.
✗ Missed Deadline: Back Injury
Injury date: January 10, 2023. Warehouse worker hurt back lifting boxes.
Reported to employer: Never formally reported. Told coworker but not supervisor.
Filed claim: March 15, 2024 (over 1 year late).
Result: Claim barred by statute of limitations. No benefits.
⚠ Close Call: Carpal Tunnel
Symptoms started: 2022 (mild occasional tingling).
Doctor visit: June 2023. Diagnosed with carpal tunnel, told it's work-related.
Filed claim: May 2024 (11 months after diagnosis).
Insurance argument: Claimed worker "should have known" in 2022 when symptoms started.
Result: Disputed. Attorney proved "date of knowledge" was June 2023 (when doctor confirmed work-relationship). Claim accepted.
✓ Exception Applied: Employer Fraud
Injury date: August 2022. Shoulder injury.
Employer statement: "Don't file workers' comp, we'll cover all your medical bills under health insurance."
Filed claim: November 2024 (over 2 years late).
Result: Exception applied. Employer fraudulently discouraged filing. Deadline tolled. Claim accepted.
Common Deadline Myths Debunked
Myth: "I Can File Anytime While Still Employed"
False. Employment status doesn't affect deadlines. You can be fired or quit and still file within the one-year window. Conversely, remaining employed doesn't extend deadlines.
Myth: "If the Employer Denies My Claim, the Clock Stops"
False. Denial doesn't extend or pause deadlines. You must file your formal Application for Adjudication within one year regardless of what the employer or insurance says.
Myth: "The DWC-1 Form Is My Formal Claim"
Partially true. The DWC-1 (Employee's Claim for Workers' Compensation Benefits) preserves your rights temporarily, but if the case is disputed or you need to enforce benefits, you must file an Application for Adjudication with the WCAB within one year.
Myth: "Verbal Notice to My Employer Isn't Enough"
False. Verbal notice is legally sufficient for the 30-day reporting requirement. However, written notice is far better because you have proof. Send an email or submit a written incident report.
How to Protect Yourself From Missed Deadlines
Deadline Protection Checklist:
Report injury immediately in writing
Email supervisor and HR. Keep copies. Get incident report number.
File DWC-1 form within 30 days
Employer must provide within one working day of notice. Submit it promptly.
Document everything
Medical records, doctor statements, emails, incident reports. Proof of when you knew it was work-related.
Consult attorney within 6 months
Don't wait until month 11. Get legal advice early while there's time to gather evidence.
File Application before deadline
Don't assume the DWC-1 is enough. If benefits are denied or disputed, file the formal Application.
What If You're Close to the Deadline?
If you're within a few months of the one-year deadline and haven't filed a formal claim, act immediately:
- 1. Contact a workers' comp attorney today. Many can file emergency Applications within days.
- 2. Gather medical records immediately. You'll need proof the injury occurred and is work-related.
- 3. Don't wait for employer cooperation. You can file even if the employer disputes or denies.
- 4. File something—anything—before the deadline. You can amend later, but you can't undo missing the deadline.
Critical Warning: If you're within 60 days of the deadline, stop reading and call an attorney immediately. Do not delay. Missing the deadline by even one day destroys your claim forever.
Why Employers and Insurers Use Delay Tactics
Insurance companies benefit when you miss deadlines. Common tactics include:
- • Providing medical treatment without filing a claim – Lulls you into thinking everything's handled
- • Promising to "take care of everything" – Then denying months later when you're close to the deadline
- • Slow-walking investigations – Dragging out claim acceptance until you miss the filing window
- • Telling you "don't worry about filing" – Then raising statute of limitations defense later
- • Denying claims at month 10-11 – Leaving you scrambling to file before deadline
Don't fall for it. Even if the employer is cooperative and paying bills, file your claim to preserve rights.
When to Contact a Lawyer About Deadlines
You should speak with a California workers' comp attorney if:
- • You're within 6 months of the one-year deadline and haven't filed
- • You have a cumulative trauma injury and aren't sure when the clock started
- • You reported late (after 30 days) and face benefit penalties
- • The employer claims your notice or filing is untimely
- • You're not sure if you filed a formal Application or just a DWC-1
- • The insurance company is delaying and you're worried about deadlines
- • You think you missed the deadline but believe an exception applies
Free consultations. We'll review your dates, determine if you're still within deadlines, and file emergency Applications if needed. Don't wait until it's too late.