As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] · CHAPTER 2. Limitations of Proceedings [5400 - 5413]
(a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee’s work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first-class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in the case of death, to his or her dependents. As used in this subdivision, “first aid” means any one-time treatment, and any followup visit for the purpose of observation of minor scratches, cuts, burns, splinters, or other minor industrial injury, which do not ordinarily require medical care. This one-time treatment, and followup visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel. “Minor industrial injury” shall not include serious exposure to a hazardous substance as defined in subdivision (i) of Section 6302. The claim form shall request the injured employee’s name and address, social security number, the time and address where the injury occurred, and the nature of and part of the body affected by the injury. Claim forms shall be available at district offices of the Employment Development Department and the division. Claim forms may be made available to the employee from any other source. (b) Insofar as practicable, the notice of potential eligibility for benefits required by this section and the claim form shall be a single document and shall instruct the injured employee to fully read the notice of potential eligibility. The form and content of the notice and claim form shall be prescribed by the administrative director after consultation with the Commission on Health and Safety and Workers’ Compensation. The notice shall be easily understandable and available in both English and Spanish. The content shall include, but not be limited to, the following: (1) The procedure to be used to commence proceedings for the collection of compensation for the purposes of this chapter. (2) A description of the different types of workers’ compensation benefits. (3) What happens to the claim form after it is filed. (4) From whom the employee can obtain medical care for the injury. (5) The role and function of the primary treating physician. (6) The rights of an employee to select and change the treating physician pursuant to subdivision (e) of Section 3550 and Section 4600. (7) How to get medical care while the claim is pending. (8) The protections against discrimination provided pursuant to Section 132a. (9) The following written statements: (A) You have a right to disagree with decisions affecting your claim. (B) To obtain important information about the workers’ compensation claims process and your rights and obligations, go to [applicable Internet Web site(s)], or contact an information and assistance (I&A) officer of the state Division of Workers’ Compensation. You can also hear recorded information and a list of local I&A offices by calling [applicable information and assistance telephone number(s)]. (C) You can consult an attorney. Most attorneys offer one free consultation. If you decide to hire an attorney, his or her fee will be taken out of some of your benefits. For names of workers’ compensation attorneys, call the State Bar of California at [telephone number of the State Bar of California’s legal specialization program, or its equivalent]. (c) The completed claim form shall be filed with the employer by the injured employee, or, in the case of death, by a dependent of the injured employee, or by an agent of the employee or dependent. Except as provided in subdivision (d), a claim form is deemed filed when it is personally delivered to the employer or received by the employer by first-class or certified mail. A dated copy of the completed form shall be provided by the employer to the employer’s insurer and to the employee, dependent, or agent who filed the claim form. (d) The claim form shall be filed with the employer prior to the injured employee’s entitlement to late payment supplements under subdivision (d) of Section 4650, or prior to the injured employee’s request for a medical evaluation under Section 4060, 4061, or 4062. Filing of the claim form with the employer shall toll, for injuries occurring on or after January 1, 1994, the time limitations set forth in Sections 5405 and 5406 until the claim is denied by the employer or the injury becomes presumptively compensable pursuant to Section 5402. For purposes of this subdivision, a claim form is deemed filed when it is personally delivered to the employer or mailed to the employer by first-class or certified mail.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ10326531 · 2026-07-21 · Anaheim District Office§ 5401
Determinative passage · p.3(c).) A claim is timely if it is filed within a year of the latest of these three points. Here, applicant was not provided medical or disability benefits, so the applicable date is the date of injury. However, applicant’s wife testified that within a year of the date of injury, prior to the expiration of the one-year Labor Code section 5405(a) statute of limitations, she filed a DWC-1 claim form with the employer in October of 2015. (Minutes of Hearing and Summary of Evidence of February 5, 2026 trial at pp. 8-9.) The WCJ found this testimony credible and unrebutted. (Opinion on Decision at p. 5.) Labor Code section 5401(d) flatly states that, “Filing of the claim form with the employer shall toll, for injuries occurring on or after January 1, 1994, the time limitations set forth in Sections 5405 and 5406 until the claim is denied by the employer or the injury becomes presumptively compensable pursuant to Section 5402.” Thus, applicant had one year from the earlier of receiving a denial or the expiration of the 90-day period to issue the denial to file an application for adjudication. The 90-day period expired in January 2016. The filing of the Application for Adjudication on March 16, 2016 was well within one year of that date.
Applicant's wife filed a claim form in October 2015, tolling the statute of limitations.
Official decision · page 3 → - ADJ22400130 · 2026-06-01 · Los Angeles District Office§ 5401
Determinative passage · p.6Notwithstanding the definition of "date of injury" contained in sections 3212.86, 3212.87, or 3212.88, COVID-19 is generally considered a specific injury. Defendant contends that applicant's claim is barred by the one year statute of limitations to apply for workers' compensation benefits pursuant to section 5405. With respect to whether applicant's claims are barred by the statute of limitations, the three points designated in section 5405 as the start of the one year statute of limitations period are: date of injury; the last payment of disability indemnity; and the last date on which medical treatment benefits were furnished.
The WCAB found the burden of proof for the statute of limitations rests with the defendant and that the applicant's knowledge of industrial causation was not established until the AME evaluation in 2024.
Official decision · page 6 → - ADJ17359397 · 2026-02-26 · Pomona District Office§ 5401
Determinative passage · p.8Pursuant to section 5401 and A.D. Rule 10138 et seq., within one working day from when an employer receives written notice or knowledge of an injury caused by employment or knowledge of an assertion of an injury claim resulting in lost time from work beyond the employee's shift or medical treatment beyond first aid, the employer is required to provide the employee personally, or by first class mail, the Claim Form and a Notice of Potential Eligibility for benefits. (Lab. Code, § 5401; Cal. Code Regs., tit. 8, § 10138 et seq.; Wagner, supra, at p. 32.)
The employer's duty to provide the Claim Form tolls the statute of limitations until the claim is denied or presumed compensable.
Official decision · page 8 → - ADJ17764448 · 2026-02-13 · Riverside District Office§ 5401
Determinative passage · p.2While it is undisputed that applicant brought his claim after notice of termination, he argues that, pursuant to subdivision (A), the employer had notice of injury prior to the termination. The WCJ explained in the Opinion on Decision that they found that the employer did not have the requisite notice of "injury" because, since there was no disability or need for medical treatment by the time of the termination, there was no "injury" pursuant to Labor Code sections 3208.1 or 5401.
The WCJ found no injury because there was no disability or need for medical treatment by termination date, thus no notice of injury.
Official decision · page 2 → - ADJ12735589 · 2026-01-22 · Pomona District Office§ 5401
Determinative passage · p.2However, pursuant to section 5401(a), an employer has a duty to inform an injured employee of their workers' compensation rights when the employer has actual or constructive knowledge of a work-related injury. Failing to meet that duty equitably tolls the above time limits. (Kaiser Found. Hosps. Permanente Medical Grp. v. Workers' Comp. Appeals Bd. (1985) 39 Cal.3d 57, 66 [50 Cal.Comp.Cases 411]; Reynolds v. Workmen's Comp. Appeals Bd. (1974) 12 Cal.3d 726, 728 [39 Cal.Comp.Cases 768].)
Employer provided claim form and notice, so no equitable tolling applies.
Official decision · page 2 → - ADJ11008409 · 2025-12-09 · Sacramento District Office§ 5401
Determinative passage · p.5The statute of limitations may be tolled when a defendant breaches its duty to notify an injured worker of his or her workers' compensation rights. Specifically, an employer is required to provide a claim form to an employee within one day of notice or knowledge of an alleged work injury. (See Labor Code, Section 5401(a).)
Failure to provide claim form tolls statute of limitations.
Official decision · page 5 → - ADJ12495517 · 2025-12-05 · Lodi District Office§ 5401
Determinative passage · p.3We do not adopt or incorporate the section of the Report with the heading "3. Acceptance of Both Thumbs:" on page six. An "injury" is defined as an "injury or disease arising out of the employment" (Lab. Code, § 3208) which "results in lost time beyond the employee's work shift at the time of injury or which results in medical treatment beyond first aid...." (Lab. Code, § 5401.) Therefore, had applicant met her burden of proof to establish industrial causation for her thumbs, she would be entitled to a finding of industrial injury even if the symptoms had resolved after receiving medical treatment. Evidence that the thumbs had been "cured" by that medical treatment would go to the issue of disability. Nevertheless, we agree that applicant did not meet her burden of proof to establish industrial causation for the claimed injury to her thumbs.
Applicant did not meet burden to establish industrial causation for thumb injuries, so no injury found.
Official decision · page 3 → - ADJ17195883 · 2024-12-02 · Oakland District Office§ 5401
Determinative passage · p.4Within one day of receiving notice or knowledge of injury under section 5400 or 5402, which injury results in lost time beyond the employee's work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first-class mail, a claim form and a notice of potential eligibility for benefits..."
The issue was whether the statute of limitations was tolled due to defendant's failure to provide the DWC-1 claim form and notice as required by this statute.
Official decision · page 4 →
All 23 decisions naming § 5401 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 5401as what they implement.
- 8 CCR § 9767.6Treatment and Change of Physicians Within MPN
- 8 CCR § 9770Definitions.
- 8 CCR § 10101Claim File--Contents.
- 8 CCR § 10101.1Claim File--Contents.
- 8 CCR § 10102Retention of Claim Files.
- 8 CCR § 10103Claim Log--Contents and Maintenance.
- 8 CCR § 10103.1Claim Log--Contents and Maintenance.
- 8 CCR § 10111Schedule of Administrative Penalties for injuries on or after January 1, 1990, but before January 1, 1994.
- 8 CCR § 10111.1Schedule of Administrative Penalties for Injuries on or After January 1, 1994.
- 8 CCR § 10111.2Full Compliance Audit Penalty Schedules; Target Audit Penalty Schedule.
- 8 CCR § 10136General: Definitions.
- 8 CCR § 10137General: Employer Obligation.
- 8 CCR § 10138Claim Form and Notice of Potential Eligibility for Benefits.
- 8 CCR § 10139Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility.
- 8 CCR § 10140Employer's Responsibility to Process Claim Form, Claims Administrator's Duty to Provide Claim Form.
- 8 CCR § 10141Dismissal of Inactive Claim by Operation of Law After Notice.
- 8 CCR § 10142Date of Denial for Purposes of End of Tolling of Limitations Period.
- 8 CCR § 10406Pre-Application and Miscellaneous Proceedings. [Repealed]repealed
- 8 CCR § 10418Letters of Appointment for Medical Examinations.repealed
- 8 CCR § 10640Subpoenas.
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 5401
What is California Labor Code § 5401?
Labor Code § 5401 sits in CHAPTER 2. Limitations of Proceedings [5400 - 5413]. The statute on this page begins: (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 5401 in this corpus?
This corpus has 23 released decisions whose extracted legal standards named § 5401. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.