Short answer: An injured worker must give the employer written notice within 30 days of the injury (Labor Code §5400). Once an employer knows of an injury that causes lost time beyond the work shift or treatment beyond first aid, it must give or mail the employee a claim form (DWC-1) and a notice of potential eligibility within one working day (§5401). Within one working day after the completed claim form is filed, the employer must authorize treatment, up to $10,000 until the claim is accepted or rejected (§5402(c)).
The deadlines at a glance
| Step | Deadline | Source |
|---|---|---|
| Employee's written notice of injury | Within 30 days of the injury | Labor Code §5400 |
| Employer provides DWC-1 claim form | Within one working day of notice or knowledge | §5401(a) |
| Employer authorizes medical treatment | Within one working day after the claim form is filed; liability capped at $10,000 until accepted or rejected | §5402(c) |
| Claim presumed compensable | If liability isn't rejected within 90 days after the claim form is filed (75 days for certain public safety presumptions) | §5402(b) |
Knowledge counts as notice
Knowledge of an injury by the employer, a managing agent, superintendent, foreman or other person in authority is treated the same as written notice (§5402(a)). So a supervisor who hears about an injury starts the clock.
What "first aid" means
Under §5401(a), first aid is one-time treatment, plus a follow-up visit for observation, of minor scratches, cuts, burns, splinters or other minor injuries. Anything beyond that, or lost time beyond the shift, triggers the claim form duty.
Employer checklist
- Keep DWC-1 forms on hand at every location. The Division of Workers' Compensation also lists these duties in its FAQ for injured workers.
- Return a completed copy to the employee and send the form to your insurer or claims administrator promptly.
- Train supervisors that hearing about an injury is notice to the company.
- Call your broker if you're unsure which policy or administrator handles the claim.
Related: workers' compensation insurance and what happens if workers' comp lapses in California.
Frequently asked questions
How long does a California employer have to give an injured worker a claim form?
One working day after learning of an injury that causes lost time beyond the shift or treatment beyond first aid (Labor Code §5401).
How long does an employee have to report a work injury in California?
Written notice is due within 30 days of the injury (Labor Code §5400), though an employer's knowledge of the injury counts as notice (§5402(a)).
How much medical treatment must be authorized before a claim decision?
The employer must authorize treatment within one working day after the claim form is filed, with liability limited to $10,000 until the claim is accepted or rejected (§5402(c)).
What happens if the employer doesn't decide within 90 days?
The injury is presumed compensable, rebuttable only by evidence discovered after the 90-day period (§5402(b)).
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.