Updated October 2026 · 6 min read
Labor Code §5410 lets an injured worker seek more workers’ comp benefits within five years of the date of injury if the original injury has caused “new and further disability.” In everyday terms, if your work injury gets worse after your claim was resolved or your benefits ended, you may be able to reopen the case. You have to act inside that five-year window.
Work injuries don’t always follow the timeline of a claim. Suppose a back injury from 2022 is settled by a stipulated award in 2024, and then in 2027 your doctor recommends surgery and takes you off work. Section 5410, together with the Workers’ Compensation Appeals Board’s (WCAB) continuing-jurisdiction rules, is what lets you ask for more temporary or permanent disability. Once five years from the date of injury pass, that door generally closes.
This explainer covers what §5410 says, who can use it, how the five-year deadline works, common disputes, what to do and the related sections.
- You can seek more benefits for new and further disability caused by the original injury within five years of the date of injury (Labor Code §5410).
- The five years run from the date of injury, not from the date of your award or your last payment.
- The petition or application must be filed within five years. The WCAB can decide it afterward (§5804).
- A stipulated award can be reopened within the window. A compromise and release generally cannot.
- Section 5410 does not extend the 12-month deadline for serious and willful misconduct claims (§5407).
What Labor Code §5410 says
Section 5410 has three parts:
- The right to reopen. Nothing in the limitations chapter “shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability.”
- Continuing jurisdiction. The appeals board’s jurisdiction in these cases “shall be a continuing jurisdiction within this period.”
- A limit. Section 5410 “does not extend the limitation provided in Section 5407.” That is the 12-month deadline for claims that the employer’s serious and willful misconduct caused the injury.
Two closely related sections work alongside it. Labor Code §5803 gives the WCAB continuing jurisdiction over its awards. It can rescind, alter or amend them for good cause, including increasing compensation when a disability “has either recurred, increased, diminished, or terminated.” Labor Code §5804 adds that no award can be changed more than five years after the date of injury, unless a petition was filed within those five years.
Who §5410 applies to
Section 5410 helps injured workers whose condition worsens after benefits were paid or awarded. It most often comes up in three situations:
| Situation | How you seek more benefits | Key sections |
|---|---|---|
| Benefits were paid voluntarily, with no case filed | File proceedings (an Application for Adjudication) within 5 years of the date of injury, based on new and further disability | LC §5410 |
| You have a stipulated award or findings and award | File a petition to reopen within 5 years of the date of injury | LC §§5410, 5803, 5804 |
| You settled by compromise and release (C&R) | A C&R generally resolves the claim, including future disability, and is not reopened for new and further disability | Settlement terms; WCAB approval |
The type of settlement matters. A stipulated award keeps the door open for five years from the date of injury. A compromise and release usually closes it. If you’re weighing the two, read C&R vs. stipulated award before you sign.
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Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.
The five-year deadline, with an example
The five years run from the date of injury. They do not run from the date of your award or the date your benefits stopped. For a cumulative trauma claim, the date of injury is set by Labor Code §5412.
What must happen within the five years is the filing, whether that is an application or a petition to reopen. Under §5804, a petition filed within the five years can be decided afterward.
💡 Example (hypothetical): Kevin injures his lower back at work on August 12, 2022. In 2024 he receives a stipulated award for permanent disability with future medical care. In spring 2027, his back worsens. His doctor recommends surgery and takes him off work. To claim more temporary disability and a possibly higher permanent disability rating, Kevin must file a petition to reopen for new and further disability within five years of August 12, 2022, so no later than August 12, 2027. In practice, an attorney would file well before the last days of the window. If he waits until 2028, the petition would generally be too late, though his award’s future medical care would not end because of §5410.
If you’re still inside five years from your date of injury, you may be able to reopen. We’ll review your award and deadline for free.
Common disputes under §5410
Is it really “new and further disability”?
The statute doesn’t define the phrase. It generally means a change for the worse after the earlier award or benefits, such as a new period of temporary disability or an increase in permanent disability. Insurers often argue that the worker’s condition is the same as before, or that any worsening comes from something other than the work injury. Medical evidence from a treating doctor, QME or AME usually decides it.
Was the petition filed in time?
The filing date controls. Disputes arise when the date of injury is uncertain, especially in cumulative trauma cases, or when a worker sent a letter to the insurer instead of filing with the WCAB.
Does the settlement allow reopening?
Workers sometimes learn too late that they signed a compromise and release, not a stipulated award. The settlement documents control what remains open.
Future medical vs. reopening
The five-year limit applies to proceedings for more compensation based on new and further disability. If your award includes future medical care, that care generally continues under the award after five years. The right to reopen for more disability payments is what ends.
Can the employer reopen too?
Yes. Under §5803, the WCAB can also reduce or terminate compensation when a disability has diminished or ended, on a timely petition by a party in interest. A counterpetition raising other issues can be filed within 30 days of the original petition (§5804).
What to do if your work injury gets worse
- Find your date of injury and your five-year date. Write the deadline down.
- Check what kind of resolution you have. A stipulated award, a findings and award, voluntary payments or a C&R each lead to a different path.
- See your treating doctor and document the change. Ask that the reports describe how your condition, work restrictions or ability to work have changed.
- File before the deadline. A petition to reopen or an application must be filed with the WCAB within five years of the date of injury.
- Get advice early. Reopening involves medical-legal evidence and strict timing. See when to hire a workers’ comp attorney.
To estimate what added temporary or permanent disability might be worth, try our workers’ comp calculator.
Related Labor Code sections
- §5803: the WCAB’s continuing jurisdiction to rescind, alter or amend awards for good cause.
- §5804: no award may be changed after five years from the date of injury, except on a petition filed within that time.
- §5405: the one-year deadline to start proceedings. See Labor Code §5405.
- §5407: the 12-month deadline for serious and willful misconduct claims, which §5410 does not extend.
- §4656: the 104-week TD limit, which also runs within five years of the date of injury. See Labor Code §4656.
- §§5900–5911: petitions for reconsideration, a different process for challenging a judge’s decision. See Labor Code §§5900–5911.
Frequently asked questions
How long do I have to reopen my workers’ comp case?
Generally five years from the date of injury, not from the date of your award. The petition or application must be filed within that time.
Can I reopen a compromise and release?
Generally, no. A C&R usually resolves the claim, including future disability. It can be set aside only in limited circumstances, so talk to an attorney if you think yours was improper.
What counts as new and further disability?
Generally, a worsening of your condition caused by the original injury, such as needing more time off work or having a higher level of permanent disability than before.
Will I lose my future medical care after five years?
Not because of §5410. If your stipulated award or findings and award include future medical care, that care generally continues. What ends is the right to seek more disability compensation for new and further disability.
Does §5410 extend the deadline for a serious and willful misconduct claim?
No. The statute says it does not extend the 12-month limit in Labor Code §5407.
Is a petition to reopen the same as a petition for reconsideration?
No. Reconsideration challenges a decision shortly after it issues, under its own short deadlines. A petition to reopen asks for a change in benefits because your condition changed later.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
