If you’ve been injured on the job in California, the clock starts ticking the moment the injury happens. Miss the deadlines, and you risk losing medical care, wage replacement, permanent disability benefits, and even your right to sue for additional damages. In California workers’ compensation law, there are two separate deadlines most injured workers don’t know about:
- 30 days to report the injury to your employer
- 1 year to file an official claim with the Workers’ Compensation Appeals Board (WCAB)
Missing either one can give your employer or their insurance company powerful grounds to deny your entire claim. At Laguna Law Firm, we see this every week: good people who waited “just a few weeks” only to have their benefits completely blocked.
This comprehensive guide explains every deadline, every exception, every trick insurance companies use, and exactly what you should do right now if you’ve been hurt at work. We wrote it for injured workers in Orange County, Los Angeles, Riverside, San Diego, and everywhere else in California who are searching:
- How long do I have to report a work injury in California?
- What happens if I’m late reporting a workplace injury?
- California workers’ compensation deadline for filing a claim
- Can I still get benefits if I missed the 30-day reporting deadline?
- Statute of limitations for workers’ comp in California 2025
Bookmark this page. Share it with coworkers. And if you’re already past the deadline, call us immediately at (949) 930-1386 — because even “late” claims can often be saved.
The Two Critical Deadlines You Must Know
Deadline #1: 30 Days to Notify Your Employer (Labor Code § 5400-5402)
California law says you must inform your employer of your injury within 30 days of the date of injury (or within 30 days of when you reasonably should have known it was work-related).
How you notify them matters. The notice can be:
- Verbal (tell your supervisor directly)
- Written (email, text, or injury report form)
- Through a coworker or supervisor who witnessed the injury
Best practice: Do all three. Tell your supervisor in person, send a follow-up email or text the same day, and ask for the DWC-1 claim form.
Real-world example we handled last month:
A construction worker in Irvine felt back pain after lifting rebar but thought it would “go away.” He told his foreman verbally on day 28. The foreman “forgot” to document it. By the time the worker needed surgery 4 months later, the insurance company denied the claim saying “no timely notice.” We fought it and won because we found a text message the worker sent his wife on day 15 saying “my back is killing me from work today.” That text proved the employer had constructive knowledge. Claim approved, $187,000 in benefits secured.
Deadline #2: 1 Year to File the Actual Claim (Labor Code §5412 & §5405)
Even if you reported to your employer on day 1, you still have only one year from the date of injury to file an Application for Adjudication of Claim with the WCAB.
For cumulative trauma injuries (carpal tunnel, back injuries from repetitive lifting, hearing loss, stress claims), the one-year clock starts on the date you:
- Suffered disability AND
- Knew (or should have known) it was work-related
This “date of injury” rule for repetitive injuries is the #1 reason Laguna Law Firm wins claims get approved when other lawyers say “you’re too late.”
What Happens If You Miss These Deadlines?
Insurance companies love late claims. Here’s what they do:
- Deny the entire claim outright using the “late report” defense
- Dispute medical causation (“you can’t prove it happened at work because you didn’t report it right away”)
- Conduct surveillance to catch you doing normal activities and claim fraud
- Delay benefits until you run out of money and accept a lowball settlement
In 2024-2025, we’ve seen carriers like Sedgwick, Gallagher Bassett, and Travelers become especially aggressive on late-reported claims.
But here’s what most workers don’t know: There are major exceptions that can save your claim even if you’re years late.
Exceptions That Can Save Your Claim (Even Years Later)
California law provides several powerful exceptions:
- Employer had actual knowledge – If any supervisor or manager knew about your injury (even if they didn’t tell HR), the 30-day clock never started.
- Cumulative trauma/occupational disease – For repetitive injuries, the statute can run from the date of your last day worked or when a doctor first told you it was work-related.
- Fraud or mistake by employer – If your employer told you “don’t file workers’ comp, we’ll take care of you through health insurance,” the deadline is tolled.
- Mental incapacity – Severe PTSD, brain injury, or being in a coma stops the clock.
- Minor employees – No statute of limitations until they turn 18.
- Death claims – Dependents have 1 year from date of death (or 240 weeks from injury).
We recently won a case for a nurse who developed severe back problems over 15 years. She never filed because her supervisor always said “it’s just part of the job.” She came to us 14 months after she stopped working. Using the cumulative trauma rule + employer knowledge, we secured her lifetime medical care and $275,000 in permanent disability.
Step-by-Step: What to Do the Moment You’re Injured
- Get medical treatment immediately (even if you think it’s minor)
- Tell your supervisor IN PERSON the same day or next shift
- Send a follow-up text/email:
“Hi [Supervisor], confirming I injured my [body part] today at approximately [time] while [describe how it happened]. I am seeking medical treatment.” - Ask for the DWC-1 claim form (they must give it to you within 1 working day)
- Fill out your portion of the DWC-1 and return it to employer
- Take photos of the injury site, hazard, your injuries
- Get names/phone numbers of witnesses
- Call Laguna Law Firm at (949) 930-1386 for free claim review — before you talk to the insurance adjuster
Why Insurance Companies Hope You Wait
Insurance adjusters are trained to sound friendly. They’ll say:
- “Don’t worry, take your time”
- “You don’t need a lawyer, we’ll take care of you”
- “Just use your health insurance for now”
Every single one of those statements is designed to make you miss deadlines.
In 2025, we’re seeing a new trick: adjusters telling workers “COVID delayed everything, so take your time reporting.” Then they turn around and deny the claim for late notice.
Don’t fall for it.
Real Stories from Laguna Law Firm Clients (2024-2025)
Case 1 – Amazon Warehouse Worker, Fontana
Injured shoulder December 2024 lifting boxes. Reported verbally day 1 but never got DWC-1 form. Insurance denied claim saying “no written notice.” We proved employer violated Labor Code §5401 by not providing form → claim approved → $142,000 settlement + lifetime medical.
Case 2 – Restaurant Cook, Anaheim
Burned arm on grill but didn’t report because manager said “put butter on it and keep working.” Reported 45 days later when infection set in. Insurance denied. We used employer knowledge exception + medical records showing immediate treatment → $89,000 settlement.
Case 3 – Truck Driver, Long Beach
Developed back problems over 10 years. Last day worked March 2023. Came to us November 2024 (20 months later). Using cumulative trauma date of injury → $335,000 settlement + lifetime medical.
Frequently Asked Questions (Updated 2025)
Q: How long do I have to report a workplace injury in California 2025?
A: 30 days to employer, 1 year to file formal claim.
Q: Can I be fired for reporting a work injury in California?
A: Absolutely not. Labor Code §132a makes it illegal and entitles you to extra penalties (we’ve won $10,000-$50,000 extra for clients who were retaliated against).
Q: What if my boss says “don’t file workers’ comp, I’ll pay you cash”?
A: That’s insurance fraud. Politely decline and call us immediately.
Q: Do I need a lawyer if my claim was accepted?
A: Yes. 70% of injured workers with lawyers get proper permanent disability ratings and settlements. Only 30% without lawyers do.
Q: How much does Laguna Law Firm charge?
A: Nothing upfront. We only get paid if we win (15% of your permanent disability settlement by law).
Don’t Let the Clock Run Out on Your Future
Every day you wait is a day the insurance company celebrates.
If you or a loved one has been injured at work — whether it happened today or years ago — you may still have rights.
Call Laguna Law Firm now for a completely free, no-pressure consultation:
(949) 930-1386
Or visit lagunalawfirm.com to start your claim online 24/7.
We answer phones 7 days a week. Spanish speakers available.
The insurance company has lawyers working for them 40 hours a week.
You deserve someone fighting for you just as hard.
Laguna Law Firm – Standing up for injured workers across California since 2015.
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