Californiaworkers' comp filing deadline
Proceedings to collect benefits must commence within 1 year of (a) date of injury, (b) expiration of period covered by indemnity payments, or (c) last date medical benefits were furnished — whichever is later (§5405). Filing the claim form (DWC-1) tolls the limitation period until the claim is denied or becomes presumptively compensable under §5402.
Talk to a workers' comp attorney in California.
Free, confidential consultation. Statute-of-limitations rules have many exceptions — a lawyer can confirm your specific deadline.
Notice to employer
Written notice to employer within 30 days of injury (§5400). Failure does not bar claim if employer had knowledge or was not misled.
Filing with the state
Proceedings to collect benefits must commence within 1 year of (a) date of injury, (b) expiration of period covered by indemnity payments, or (c) last date medical benefits were furnished — whichever is later (§5405). Filing the claim form (DWC-1) tolls the limitation period until the claim is denied or becomes presumptively compensable under §5402.
Compute your California deadline
Pick your state, your injury type, and the trigger date. We'll show notice + filing deadlines.
Exceptions and tolling
Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in California:
Occupational disease — Discovery rule
§5412: 'The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment.' This is California's classic two-prong discovery rule (disability + knowledge).
Death claim deadline
Survivors filing for death benefits typically have 1 year from date of death. This calculator does not yet handle death claims; consult a lawyer for those.
Leading case
City of Fresno v. Workers' Comp. Appeals Bd. (Johnson)
163 Cal. App. 3d 467 (1985)
Articulates §5412 'date of injury' for cumulative trauma — disability plus knowledge of work causation; an employee 'may be held to be aware that disability was caused by employment when so advised by a physician.'
Attribution
- Last verified
- May 4, 2026
- Editorial review
- Statute linked to primary source