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California Statutes of Limitations that Apply to Workers’ Compensation Cases

California Statutes of Limitations that Apply to Workers’ Compensation Cases

California Statutes of Limitations that Apply to Workers’ Compensation Cases

If you have been injured at work and have one or more injuries, you have the right to request for financial assistance to cover your medical costs and daily living expenses. California’s Workers’ Compensation Act is one of the most progressive workers’ compensation laws in the country. To be eligible for financial help, you must make a claim before the statute of limitations expires.

There are a few exceptions to the statute of limitations rule, but you should consult with a workers’ compensation attorney to see if you may still make a claim after the time has passed. Keep reading to learn more and contact PLBSH at (800) 435-7542 if you need to speak to a workers’ compensation and employment law attorney.

The first deadline is to notify your employer

You have 30 days from the date of the occurrence to tell your employer if you have been injured at work. For example, if a worker falls off a ladder while storing items in a warehouse, he or she has 30 days to notify the employer. Some injuries, such as Carpal Tunnel Syndrome, require that you disclose the accident within 30 days after seeing symptoms. It might take years for symptoms of an injury like Carpel Tunnel Syndrome to appear. You should obtain the DWC-1 workers’ compensation claim form when you tell your employer.

The second deadline is to file a claim

California has a one-year statute of limitations for making a workers’ compensation claim once a worker becomes aware of a sickness or injury. A year is a long time, and your medical state might change dramatically for the better or for the worse.

We advise our clients to notify their employers about a sickness or injury as soon as possible following a working occurrence and submit a workers’ compensation claim. Even if you acquire new problems after filing a claim, an expert workers’ compensation attorney will use the data provided by your doctor to estimate the cost of future medical care.

Exceptions to the statute of limitations

There are a few exceptions in California that allow workers to submit a claim after the one-year statute of limitations has passed.

  • If a worker is under the age of 18 when an injury occurs, the statute of limitations does not commence until the worker becomes 18
  • If an employer fails to provide the DWC-1 form to a worker in a timely manner
  • If a worker receives health care from a workers’ compensation insurance provider, the statute of limitations is extended to five years from the date of the accident

Act with a sense of urgency

After a workplace accident that resulted in one or more injuries, your health should be your top priority. Seek medical attention as soon as possible following a workplace injury, and maintain a copy of any medical documentation produced by your doctor. Then, call a California workers’ compensation lawyer who can walk you through the whole procedure, from getting a DWC-1 form from your employer to submitting your claim.

Do not put off filing a workers’ compensation claim until the last minute. To get started on your workers’ compensation claim, call PLBSH at (800) 435-7542 or fill out the quick online form.

AWARDS & AFFILIATIONS
Certified Workers'
Compensation Specialist
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