Workers' Comp Deadlines: Report, File, and Get Paid
Quick answer: In California, Texas, and Florida you have 30 days to tell your employer about a work injury. The deadline to file the claim itself is 1 year in California and Texas and 2 years in Florida. Once the insurer knows, the first check or a denial is due within 14 days in California and Florida and 15 days in Texas.
What are the workers' comp deadlines in each state?
| Deadline | California | Texas | Florida |
|---|---|---|---|
| You tell your employer | 30 days, in writing (Lab. Code §5400) | 30 days (Lab. Code §409.001) | 30 days (Fla. Stat. §440.185(1)) |
| Employer acts | Gives you a claim form within 1 working day (§5401) | Reports to its carrier within 8 days if you miss more than a day (§409.005) | Reports to its carrier within 7 days (§440.185(2)) |
| You file the claim | 1 year from the injury, the last benefit payment, or the last medical treatment (§5405) | 1 year with the Division of Workers' Compensation (§409.003) | 2 years from when you knew or should have known it was work-related; each payment or treatment extends it 1 year (§440.19) |
| First check or denial | 14 days after the employer knows of the injury and disability (§4650) | 15 days after the carrier gets written notice (§409.021(a)) | 14 days after the employer is notified, if you're disabled 8 days or more (§440.20(2)(a)) |
| Insurer decides the claim | 90 days after you file the claim form, or the injury is presumed covered (§5402(b)) | 60 days after notice, or the carrier can't contest compensability (§409.021(c)) | 120 days if it pays while it investigates (§440.20(4)) |
What are the workers' comp deadlines in California?
In California, give your employer written notice within 30 days of the injury (Labor Code §5400). Your employer has to give you a claim form (DWC-1) within one working day of learning about it (§5401). After you file the claim form, the employer must authorize medical treatment within one working day, and if it doesn't reject the claim within 90 days, the injury is presumed compensable (§5402).
- First temporary disability check: within 14 days after the employer knows about both the injury and the disability, then every two weeks (§4650). Late payments are increased by 10%. See late checks.
- Filing with the appeals board: one year from the injury date, from the end of the last period of disability payments, or from the last medical treatment provided, whichever applies (§5405).
What are the workers' comp deadlines in Texas?
In Texas, tell your employer within 30 days of the injury (Labor Code §409.001) and file a claim with the Division of Workers' Compensation within one year (§409.003). For an occupational disease, both clocks start when you knew or should have known the disease was related to your job.
- Carrier's 15 days: within 15 days after it gets written notice of the injury, the insurance carrier has to start paying or tell you and the division in writing that it refuses, and explain your right to a benefit review conference (§409.021(a)).
- Carrier's 60 days: if it doesn't contest compensability within 60 days after it's notified, it gives up the right to contest it, except for evidence it couldn't reasonably have found earlier (§409.021(c), (d)).
What are the workers' comp deadlines in Florida?
In Florida, tell your employer within 30 days after the injury, or after it first shows up (Fla. Stat. §440.185(1)). A petition for benefits has to be filed within 2 years after you knew or should have known the injury was work-related, and every payment of benefits or medical treatment extends that deadline for 1 year from the date of the payment (§440.19).
- First check or denial: if you're disabled for 8 days or more in a row, the carrier must pay the first installment or deny the claim by the 14th day after your employer was notified (§440.20(2)(a)). The first 7 days are paid only if you're out more than 21 days.
- Pay and investigate: if the carrier isn't sure it owes benefits, it has to start paying as if the claim were accepted and admit or deny it within 120 days (§440.20(4)).
What people ask
These questions come up again and again in searches and forums. Here's what the law says.
Not automatically. In California, knowledge of the injury by your employer or a supervisor counts the same as written notice. Florida has exceptions too, such as when your employer already knew. But a late report hands the insurer an easy argument, so report in writing as soon as you can.
Cal. Labor Code §5402(a); Fla. Stat. §440.185(1)
If your employer doesn't reject your claim within 90 days after you file the claim form, the injury is presumed compensable. The employer can only overcome that with evidence it couldn't have found during those 90 days.
Cal. Labor Code §5402(b)
That's past the deadline in all three states. Ask the adjuster in writing when the payment will be made, and contact your state's free help office. See what to do when a check is late.
Cal. Labor Code §4650; Tex. Labor Code §409.021; Fla. Stat. §440.20
Related
Sources
- California Labor Code §§5400, 5401, 5402, 5405
- California Labor Code §4650
- Texas Labor Code §409.021 (carrier's 15 and 60 days)
- Texas Labor Code §§409.001, 409.003, 409.005
- Florida Statutes §440.19 (time for filing)
- Florida Statutes §440.20 (time for payment)
- Florida Statutes §440.185 (notice of injury)
This guide is general information, not legal advice. Deadlines can depend on the type of injury and the facts of your claim.