Step-by-Step Guide to Filing a Workers’ Compensation Claim in California
Suffering a workplace injury is scary — and often confusing. You may not know what to do first, who to notify, or how to get the medical care you need. The good news: California Workers’ Compensation law gives you important rights and benefits, and this guide will walk you through the first steps to protect your health and your claim.
Whether you work in construction, delivery, food service, retail, warehouse jobs, janitorial services, security, childcare, landscaping, film production, or even in an office, this process applies to all injured workers in California.
Step 1: Get Medical Treatment Immediately
If you are seriously injured, call 911 or go directly to the emergency room. Your health is the priority. You do not need your employer’s permission to seek emergency care.
If the injury is not an emergency but still requires treatment, report it to your supervisor immediately and ask to be sent to your employer’s industrial medical clinic or Medical Provider Network (MPN) doctor.
Prompt treatment helps prevent your injury from getting worse and creates a medical record that supports your case.
Step 2: Report the Injury and Complete a DWC-1 Claim Form
Tell your supervisor, HR department, or another appropriate person about your injury as soon as possible. Under California law, you have 30 days to report a workplace injury, but the sooner, the better.
Reporting early creates a paper trail that protects your claim. One of the most common tactics insurance companies use to deny benefits is saying:
“There’s no record of this injury ever happening on the job.”
By reporting in writing right away, you protect your credibility and strengthen your case.
Important: Your employer is not allowed to retaliate, discipline, fire, or discriminate against you for reporting a workplace injury or filing a workers’ compensation claim.
Under California Labor Code § 132a, employers who retaliate may face serious legal penalties — including financial fines and legal liability.
Do not let fear of retaliation stop you from pursuing the medical care and benefits you are legally entitled to. You have rights, and the law is on your side.
Next, ask your employer for a DWC-1 Claim Form, or download it directly here:
📄 Download DWC-1 Claim Form (PDF)
Complete the “employee” section, sign and date the form, and return it to your employer. Keep a copy for your records.
There is no fee to complete or submit this form.
Step 3: Insurance Company Must Begin an Investigation (Labor Code § 5402)
Once your employer receives your completed DWC-1 form, their insurance company is legally required under Labor Code § 5402 to investigate your claim.
They have up to 90 days to accept or deny it. During that time, you are entitled to up to $10,000 in medical care — even before your claim is approved. This is called presumptive medical treatment, and it is your right under California law.
Step 4: While You Recover, You May Be Entitled to Disability Payments
If your treating physician determines that you are temporarily unable to work, you may qualify for Temporary Total Disability (TTD) benefits. These are two-thirds (2/3) of your average weekly earnings, paid tax-free, to help support you while you heal.
If your doctor releases you to modified duty — such as restrictions on lifting, standing, or repetitive movement — your employer has the option to offer you a light-duty job that fits those restrictions.
But if your employer cannot or will not accommodate your restrictions, you are still entitled to TTD payments as if you are fully off work.
You are only expected to work within your doctor’s instructions — not beyond them.
TTD benefits usually begin within 14 days of your employer learning about your work restrictions, unless the claim is denied.
Step 5: File Your Case With the Workers’ Compensation Appeals Board (WCAB)
Even if your employer or the insurance company seems cooperative, it’s in your best interest to file an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB). This makes your case official with the State of California and gives you the right to request a hearing if anything is delayed, denied, or disputed.
You can find your local WCAB office here:
👉 California WCAB District Office Locations
Filing is free and ensures that you are protected under the full power of the California workers’ compensation system.
Why You Should Consider Hiring a Workers’ Compensation Attorney
The workers’ compensation system in California is complicated — and it often feels like the insurance company holds all the power. You may face delays, denial letters, and confusing forms — all while dealing with pain and uncertainty.
At Lee Partners Law, attorneys David A. Lee and Michael Lee are dedicated to helping injured workers across Los Angeles and Southern California. As former defense attorneys, we understand how the other side thinks — and we use that experience to fight for you.
✅ We handle all paperwork
✅ We manage communications with the insurance company
✅ We protect your medical rights and disability rating
✅ We show up to court so you don’t have to
✅ And we only get paid if you win
There is no cost to file a DWC-1,
No fee to file with the WCAB,
And no upfront charge to hire us.
Don’t wait for the insurance company to do the right thing. Get someone in your corner today.
We’re here to fight for your health, your paycheck, and your future. CONTACT US TODAY FOR A FREE CONSULT (310)295-0822.To find out how the law protects you from retaliation after filing a Workers’ Compenstation claim, click here: