Hurt At Work
Lab. Code 5400 — notice in 30 days, a claim form in one working day
In California, an employer is liable for workers' compensation, without regard to negligence, for an employee's injury arising out of and in the course of employment where both are subject to the compensation law, the employee was performing service incidental to the work, and the employment proximately caused the injury.
Written notice to the employer within 30 days, and a claim form back within one working day. A claim is maintained only if written notice, signed by the injured person or someone on their behalf, is served on the employer within 30 days after the injury, except as other sections provide. Within one working day of notice or knowledge of an injury that causes lost time beyond the shift or treatment beyond first aid, the employer provides a claim form and a notice of potential eligibility for benefits.
| The step | The time the Labor Code sets |
|---|---|
| The stepFirst temporary disability payment | The time the Labor Code setsNot later than 14 days after knowledge of the injury and disability, unless liability is denied first |
| The stepLater payments | The time the Labor Code setsEvery two weeks |
| The stepA late payment | The time the Labor Code setsIncreased 10 percent, paid to the employee without applying |
| The stepBeginning proceedings for medical or disability benefits | The time the Labor Code setsWithin one year of the injury, or of the last benefit payment |
An employer who discharges, threatens or discriminates against an employee for filing or intending to file a claim, or for receiving an award or settlement, commits a misdemeanor, and the employee's compensation is increased by one half, up to $10,000, with costs up to $250, plus reinstatement and lost wages. The petition is filed with the appeals board within one year of the act or the termination.
Sources for this section (6)
- Lab. Code 3600 — When an employer is liable for workers' compensation
- Lab. Code 5400 — Notice of an injury to the employer within 30 days
- Lab. Code 5401 — The claim form the employer provides
- Lab. Code 4650 — When temporary disability payments begin
- Lab. Code 5405 — The time to begin proceedings for compensation
- Lab. Code 132a — Discrimination against an injured worker
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.