How do I file a workers' compensation claim in California?

California's workers' compensation system is codified at Cal. Lab. Code § 3200 et seq. and administered by the DWC.

1. Coverage

Nearly all employers with one or more employees must carry workers' comp (Lab. Code § 3700). Excluded: most independent contractors, casual domestic workers, certain volunteers, and corporate officers who own at least 10–15% who elect out.

2. Notice to Employer

Provide written notice within 30 days of injury (Lab. Code § 5400). Failure can bar the claim unless the employer had actual knowledge.

3. Claim Filing

Employer must give you a DWC-1 claim form within 1 working day of notice (§ 5401). File it with the employer; they submit to the insurer. Statute of limitations: 1 year from date of injury or last benefit (§ 5405). Disputes go to the Workers' Compensation Appeals Board (WCAB).

4. Benefits

Medical care is 100% covered with no deductible. Temporary total disability (TTD) pays 2/3 of average weekly wage subject to the state max (about $1,680/week in 2026). Permanent partial (PPD) is rated 0–100% based on AMA Guides. Permanent total (PTD) pays for life. Death benefits up to $320,000 plus burial under § 4702.

5. Independent Medical Exam (IME)

The insurer may require a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) exam to resolve medical disputes (§ 4060).

6. Choice of Doctor

California uses employer-controlled Medical Provider Networks (MPN). You generally must treat within the MPN unless you pre-designated a personal physician before injury (§ 4600).

7. Denied Claim / Appeal

File an Application for Adjudication of Claim with the WCAB. A workers' compensation judge holds a hearing; appeal to the WCAB en banc, then to the Court of Appeal via writ.

8. Third-Party Suit

If a non-employer (e.g., defective machine maker) caused the injury, you can sue separately. The WC carrier has a lien for benefits paid (§ 3852).

This is legal information, not legal advice.