How To File a Claim

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You can file a claim regardless of immigration status. You do not need a Social Security number or photo identification. When filing a claim, do not send original documents and keep a copy of the completed form for your records.

Paid Sick Leave

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If you were not paid or your employer did not let you use paid sick leave, this is wage theft. You can file a wage claim with the Labor Commissioner’s Office.

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Labor Commissioner’s Office 
(833) 526-4636

Step 1
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Deadline to file

  • File within 3 years.
Step 2
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Gather documents to prove your claim

  • Time sheets, calendar, or notes.
  • Paychecks, pay stubs.
  • Employer information, such as: company name, address, and supervisor’s name.
Step 3
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Fill out the claim form

Make a copy of the form to keep for your records.

Step 4
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Submit the form
You can submit the form in person, by mail, email, or online.

Find more details about filing a wage claim at https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

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Workers’ Compensation

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If you get hurt or sick because of your job, you can file a workers’ compensation claim to help cover medical costs and lost wages while you recover. To start a claim, complete your section and submit the form directly to your employer—not to the Division of Workers’ Compensation.

If your employer does not have Workers’ Compensation insurance or you need help completing the form, call the Division of Workers’ Compensation.

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Division of Workers’ Compensation 
(800) 736-7401

Step 1
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Deadline to file

  • File within 30 days.

    If the injury or sickness happened over time, report it as soon as you think it is work-related.
Step 2
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Gather information to complete your claim

  • Date, time, and location of when you got hurt or sick.
  • Details about what happened and the areas of your body that were affected.
Step 3
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Fill out the claim form
Your employer will give you a claim form, or you can download and print it.

Complete the “employee” section and give it to your employer.
 

Make a copy of the form to keep for your records.

Step 4
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Submit the form

  • Give the form to your employer.

Your employer is responsible for submitting it to their insurance company.

Find additional details about filing a workers’ compensation claim at www.dir.ca.gov/dwc/FileAClaim.htm

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Retaliation

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If you are retaliated against for exercising your labor rights, you can file a retaliation complaint with the Labor Commissioner’s Office.

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Labor Commissioner’s Office
(833) 526-4636

Step 1
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Deadline to file

  • File within 1 year (there are some exceptions).
Step 2
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Gather documents to prove your complaint

  • Date when the retaliation happened.
  • Time sheets, calendar, or notes.
  • Paychecks, pay stubs.
  • Evidence that your employer took action against you because you exercised your labor rights.
  • Employer information, such as: company name, address, and supervisor’s name.
Step 3
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Fill out the complaint form

Make a copy of the form to keep for your records.

Step 4
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Submit the complaint

You can submit the form in person, by mail, email, or online.

  • In person or email: Find local information
     
  • Online: Online portal

Find additional details about filing a retaliation complaint at www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm

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