Is It Too Late to File a Workers' Compensation Claim in California?
If you’ve been injured on the job but never filed a claim, you might be wondering: Did I wait too long?
The short answer: Maybe not.
California law has strict deadlines—but there’s a powerful exception that can allow you to file even years after you stopped working.
The One-Year Rule: Labor Code §5405
Generally, under Labor Code §5405, you have one year from the date of injury to file your workers’ compensation claim.
If you slipped, fell, or had a one-time accident, that deadline is usually pretty clear.
But many injuries don’t happen in a single moment—and that’s where the law gives workers some flexibility.
The Exception: Labor Code §5412 (And Why It Matters)
For cumulative trauma injuries—damage that builds up slowly over time—California law sets a different rule.
Labor Code §5412 says the “date of injury” isn’t when the pain started. It’s when both of these things happen:
You knew or should have known your injury was work-related, and
You suffered disability (that could mean time off work, modified duties, or a lasting problem)
In many cases, this doesn’t happen until months or years after you stop working.
We’ve filed claims successfully one year, five years—even ten years later, because the law says the deadline keeps getting pushed back until those two things are met.
Common Cumulative Trauma Examples:
Lower back pain after years of warehouse or delivery work
Carpal tunnel from sorting, typing, or scanning
Shoulder injuries from repetitive overhead tasks
Knee damage from years of climbing or working on your feet
Neck pain from long-haul driving or poor ergonomics
You don’t need a fall or accident. These are still valid work injuries.
Why Insurance Companies Get It Wrong
Insurance adjusters love using the statute of limitations to deny claims.
They’ll say, “You waited too long.”
But they leave out §5412—and that changes everything.
The courts have said clearly: if you didn’t know your injury was work-related and didn’t have disability, the one-year deadline hasn’t even started yet.
This defense is routinely misunderstood and misused by insurance carriers—but we’ve spent years successfully beating it.
Talk to Attorneys Who Know How to Win These Cases
At Lee Partners Law: Work Injury Attorneys, we’ve represented countless injured workers across California in beating statute of limitation defenses.
Attorneys David A. Lee and Michael Lee are former defense lawyers who now fight exclusively for injured workers—and we’ve filed claims going back years and recovered benefits when other firms said it was too late.
We help clients across California, including:
Los Angeles, Lancaster, Palmdale, San Diego, Riverside, San Bernardino, Fresno, Modesto, Stockton, Bakersfield, Anaheim, El Monte, Norwalk, Santa Ana, Long Beach, Oxnard, San Jose, Sacramento, Panorama City, North Hollywood, Van Nuys, and the entire Central Valley and High Desert.
Bottom Line
Don’t assume you missed your window to file. Under California law, the one-year limit doesn’t always start when you think it does.
It can be a year, five years—or more—depending on when you got the diagnosis and first experienced disability.
The deadline keeps getting pushed back under §5412.
Call Lee Partners Law today and let us review your case. We don’t charge to evaluate whether your claim is still viable—and you might be entitled to medical treatment, back pay, or even a permanent disability settlement.
CALL OR TEXT FOR FREE CONSULT (310)295-0822.