The deadlines for filing Workers’ Compensation Benefits claims vary. They can vary based on the type of WC benefit you wish to claim. They may also vary based on which state you work in. All the deadlines below are for WC Benefits claims in California.

Remember, filing a claim is different from informing your employer of your injury. You must give your employer a written notice of your injury. Do this as soon as you can, hopefully within the day. If you don’t report your injury within 30 days of the incident, your claim may be dismissed.

The deadline for filing of Worker’s Compensation is one (1) year from the Date Of the Injury (DOI). This is the claim you file in order to receive medical care for your injuries.

The deadline for filing a Disability claim is 5 years from the DOI. There are two types of Disability Claims: Temporary Disability and Permanent Disability. These are the claims you file to receive lost wages.

The deadline for filing a claim for Death Benefits is 1 year from the date of death. This is the claim you file when a work injury becomes fatal. For a worker with dependents, there may be a cash benefit. For a worker without dependents, the benefits are limited to funeral and burial expenses.

As a general rule, you should file all claims to avoid any problems claiming your benefits. If you have any concerns or questions, contact an attorney. An attorney will be able to listen to your situation and give you legal advice.

Would you like to discuss your legal matter?


image description
Jack Morgan CALL US! 866-205-4971

We will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.


The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.