How do I file a workers compensation claim in California?

California workers' compensation is administered by the Division of Workers' Compensation (DWC) within the Department of Industrial Relations, governed by California Labor Code Division 4 (§§ 3200-6002).

1. Who Is Covered

Virtually all California employees, including part-time and seasonal workers (Lab. Code § 3351).

Employers with even one employee must carry workers' comp insurance (Lab. Code § 3700).

Independent contractors generally are not covered, though AB 5's "ABC test" classifies many gig workers as employees.

Sole proprietors and partners are excluded but may opt in.

2. Notice to Employer — 30 Days

Under Lab. Code § 5400, you must give your employer notice of injury within 30 days of the injury or knowledge of an occupational disease.

Failure to give timely notice may bar the claim unless the employer had actual knowledge or was not prejudiced.

Notice can be oral or written, but written is strongly preferred.

3. Filing Deadline — 1 Year

File the DWC-1 Claim Form with your employer (employer must provide the form within 1 working day of notice).

Must file within 1 year of the injury (Lab. Code § 5405) — or 1 year from last benefits paid, or 1 year from termination of medical treatment, whichever is later.

4. Weekly Benefit Calculation

Temporary Total Disability (TTD): 2/3 of average weekly wages (AWW), subject to statutory minimum and maximum.

2024 maximum TTD: $1,619.15/week; minimum: $242.86/week (adjusted annually based on SAWW).

Permanent Disability (PD): based on a permanent disability rating (0-100%), with weekly rates set by Lab. Code § 4658.

5. Maximum Benefit Period

TTD generally limited to 104 weeks within 5 years of injury (Lab. Code § 4656(c)) — exceptions for severe burns, HIV, chronic lung disease, etc., which extend to 240 weeks.

Permanent total disability payments continue for life.

6. Medical Treatment — Medical Provider Network (MPN)

Your employer typically designates a Medical Provider Network (MPN) — a panel of approved physicians (Lab. Code § 4616).

For the first 30 days, the employer controls medical care (you must see an MPN doctor unless you predesignated a personal physician before the injury under Lab. Code § 4600(d)).

After 30 days, you may choose any MPN doctor.

Predesignation: If you have a personal physician and gave written notice before the injury, you may treat with that doctor from day 1.

7. Choice of Doctor

Limited — you generally must use the MPN unless predesignated.

You may request a Qualified Medical Evaluator (QME) if there is a medical-legal dispute (Lab. Code § 4060).

8. Attorney Fees

Set by the WCAB (Workers' Compensation Appeals Board), typically 9% to 15% of the disputed benefits (Lab. Code § 4903).

Fees are paid out of your award, not in addition.

9. Retaliation Protection

Lab. Code § 132a prohibits employer retaliation for filing a workers' comp claim.

This is legal information, not legal advice.