In this guide10 sections
The DWC-1 is the California workers’ comp claim form. Filling it out and giving it to your employer officially opens your claim and starts important clocks: your employer must authorize up to $10,000 in medical treatment within one working day, and if the claim isn’t denied within 90 days, it is presumed covered. Report your injury in writing within 30 days and file the form as soon as you can.
Key takeaways
- Your employer must give you a claim form within one working day after learning of a work injury that needs more than first aid or causes you to miss time beyond your shift (Labor Code §5401).
- Within one working day after you file it, your employer must authorize treatment, up to $10,000 until the claim is accepted or denied (Labor Code §5402(c)).
- If the claim isn’t rejected within 90 days of filing, the injury is presumed compensable (Labor Code §5402(b)).
- Give written notice within 30 days of the injury, and keep the dated copy of the form your employer must give you.
- Filing the form doesn’t mean your claim is approved, but it protects your deadlines and starts your benefits.
What the DWC-1 does
The DWC-1 is published by the Division of Workers’ Compensation. Under Labor Code §5401, it comes with a notice explaining your potential benefits, how to get medical care, the role of your treating doctor, your protection against retaliation, and how to reach the state’s Information and Assistance officers.
Filing it matters for three reasons:
- It starts medical care. The $10,000 treatment requirement is triggered by filing the form.
- It starts the 90-day clock. The claims administrator must accept or deny the claim, or the injury is presumed compensable.
- It protects your filing deadline. Filing the form tolls (pauses) the one-year deadline in Labor Code §5405 until the claim is denied or becomes presumptively compensable.
Key deadlines
| Step | Deadline | Law |
|---|---|---|
| You give written notice of the injury | Within 30 days of the injury | Labor Code §5400 |
| Employer gives you the claim form | Within 1 working day of notice or knowledge of the injury | Labor Code §5401(a) |
| Employer authorizes medical treatment (up to $10,000 while the claim is pending) | Within 1 working day after you file the form | Labor Code §5402(c) |
| Claims administrator accepts or denies | Within 90 days of filing, or the injury is presumed compensable | Labor Code §5402(b) |
| Start proceedings with the appeals board | Generally 1 year from the injury, the last disability payment or the last medical treatment provided | Labor Code §5405 |
Missing the 30-day notice deadline doesn’t automatically end your claim. Under Labor Code §5403, a late or defective notice isn’t a bar unless the employer was actually misled or prejudiced by it. Still, late reporting gives the insurer an argument, so report right away. More on the 90-day rule and the one-year deadline.
Cumulative trauma and illness claims
Not every injury has a single date. For repetitive-use injuries and occupational illnesses, the date of injury is when you first suffered disability and knew, or reasonably should have known, that it was caused by your work (Labor Code §5412). That is often when a doctor tells you the condition is work-related.
Hypothetical example. Linda has had wrist pain for months from data entry. In March, her doctor diagnoses carpal tunnel syndrome, says it is work-related and takes her off work for a week. March is likely her date of injury, so that is when she should report it and file a DWC-1. See our guide to cumulative trauma claims.
How to get the form
Ask your employer, supervisor or HR. Your employer must provide it personally or by first-class mail within one working day of learning about the injury. If it doesn’t, you can download the DWC-1 claim form from the Division of Workers’ Compensation and file it yourself.
How to fill out the employee section
The employee section asks for:
- Your name and today’s date
- Your home address, city, state and ZIP code
- The date and time of the injury
- The address and a description of where the injury happened
- A description of the injury and every body part affected
- Your Social Security number
- Whether you want claim notices by email only
- Your signature
Tips for the description:
- Be specific. “Lifting a 50-pound box onto a shelf, felt a pop in my lower back and pain down my left leg” is better than “hurt back.”
- List every body part. Include anything that hurts, even if it seems minor now, such as your neck along with your shoulder.
- For stress or repetitive injuries, describe the work activities and the period over which symptoms developed.
- Stay consistent. Your description should match what you tell your doctors and the claims adjuster.
- Be accurate. The form warns that knowingly making a false or fraudulent statement to get benefits is a crime.
After you file
- Get a dated copy. The claim is generally filed when you personally deliver it or it is received by first-class or certified mail. Your employer must complete its section within one working day and give you a dated copy. Hand-deliver it if you can, and keep proof.
- Get treatment. Your employer or claims administrator must authorize treatment within one working day, up to $10,000 while the claim is under review.
- Watch for the claims administrator’s letters. They will tell you whether the claim is accepted, delayed or denied. Save every letter and envelope.
- Track the 90 days. If nothing is denied within 90 days of filing, the injury is presumed compensable.
Hypothetical example. Miguel tells his supervisor he hurt his shoulder unloading a truck, but no one gives him a claim form. Two days later he downloads the DWC-1, fills out his section and hand-delivers it to HR, asking for a dated copy. That date starts the $10,000 treatment requirement and the 90-day clock.
Common mistakes
- Waiting to see if the pain goes away before reporting
- Reporting only verbally and never filing the form
- Leaving out body parts or describing the injury vaguely
- Not keeping a dated copy
- Delaying medical care
- Assuming a denial is final. Denials can be challenged; see our guide to a denied workers’ comp claim.
Your employer can’t punish you for filing a claim. Labor Code §132a prohibits discrimination against workers who file or say they intend to file a workers’ comp claim. See workers’ comp retaliation.
Frequently asked questions
What if my employer won’t give me a DWC-1?
Download it from the Division of Workers’ Compensation, fill out your section, and deliver it to your employer in person or by certified mail. Keep proof of the date.
Is telling my supervisor enough?
Telling your employer can count as notice, and an employer’s knowledge of an injury is treated as notice. But the medical treatment requirement and the 90-day clock start when the claim form is filed, so file the DWC-1 too.
Can I file after I quit or was fired?
Sometimes, but post-termination claims face extra limits. See workers’ comp after being fired or quitting.
Does filing a DWC-1 mean my claim is approved?
No. It opens the claim. The claims administrator then investigates and accepts or denies it, though medical treatment up to $10,000 must be authorized while it decides.
Can I get free help with the form?
Yes. The Division of Workers’ Compensation’s Information and Assistance Unit provides free information to injured workers, and you can also talk to a workers’ comp lawyer.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers whose claims are delayed or denied. We offer free virtual consultations. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
