How to File a Workers’ Compensation Claim in California: Step-by-Step Guide

If you have been injured on the job in California, filing a workers’ compensation claim is essential to securing medical care, wage replacement, and other benefits. But the process can be confusing, especially when you are dealing with pain, paperwork, and deadlines. This step-by-step guide breaks down how to file a workers’ comp claim in California so you can protect your rights and get the support you deserve.

At Plumtree & Brunner, LLP, our California workers’ compensation lawyers help you understand your rights and how to pursue the compensation you are owed. Schedule a meeting so we can provide the personalized advice you need.     

Step 1: Report Your Injury Immediately

California law requires injured workers to notify their employer within 30 days of the injury or illness. Failing to report within this window can result in a denied claim.

How to report your injury:

• Notify your supervisor or HR department in writing
• Include the date, time, location, and nature of the injury
• Keep a copy of your report for your records

If your injury developed over time (e.g., repetitive stress or exposure-related illness), report it as soon as you become aware of the condition.

Step 2: Obtain and Complete the DWC-1 Claim Form

Once your employer is notified, they must provide you with a DWC-1 Claim Form within one working day. This form officially starts the workers’ compensation process.

How to complete the DWC-1 form:

• Fill out only the “Employee” section
• Describe the injury and how it occurred
• Sign and date the form
• Return it to your employer in person or by certified mail

Keep a copy for your records. Your employer will complete the “Employer” section and forward the form to their workers’ comp insurance carrier.

Step 3: Seek Medical Treatment

You are entitled to medical care for your work-related injury even while your claim is being reviewed. Within one day of submitting the DWC-1 form, your employer must authorize up to $10,000 in medical treatment.

Important tips:

• Use a provider within your employer’s Medical Provider Network (MPN), if applicable
• Inform the doctor that your injury is work-related
• Request copies of all medical records and treatment notes

If your employer does not have an MPN, you may choose your own doctor after 30 days of treatment with the employer-assigned provider.

Step 4: Monitor Your Claim Status

After your employer submits the completed DWC-1 form, the insurance company has 14 days to notify you of your claim status. You should receive a letter confirming whether your claim is accepted, denied, or pending further review.

If you don’t receive this letter, contact the insurance company directly. If your claim is not denied within 90 days, it is generally presumed to be covered under California law.

Step 5: Understand Your Benefits

If your claim is accepted, you may be eligible for:

• Medical Care: All reasonable and necessary treatment for your injury
• Temporary Disability Benefits: Wage replacement if you are unable to work
• Permanent Disability Benefits: Compensation for lasting impairments
• Supplemental Job Displacement Benefits: Vouchers for retraining if you cannot return to your previous job
• Death Benefits: Financial support for dependents if the injury results in death

Benefits vary based on the severity of your injury and your ability to return to work. A California workers’ comp attorney can help you understand your full entitlement.

Step 6: Appeal If Necessary

If your claim is denied or you disagree with the benefits offered, you have the right to appeal. You can file an application for adjudication with the Workers’ Compensation Appeals Board (WCAB) and request a hearing before a judge.

Common reasons for disputes include:

• Denial of medical treatment
• Disagreement over disability ratings
• Delays in benefit payments
• Retaliation or termination after filing a claim

Legal representation can be crucial during the appeals process to protect your rights and maximize your benefits.

Seek Help with the Workers’ Compensation Process in California

Filing a workers’ compensation claim in California doesn’t have to be overwhelming. By following the steps above, you can navigate the system with confidence.Our team at Plumtree & Bruner, LLP helps you seek the workers’ compensation benefits you are entitled to. Contact us today for a consultation.