What Is the Workers’ Compensation Statute of Limitations in California?
Workers' compensation, administered by the US Department of Labor, provides funds for people injured on the job. You can use the money to pay for medical treatment and replace lost wages while out of work. However, you need to file your claim within a certain period, or you risk losing the chance to acquire this money.
What Is the Statute of Limitations for California Workers' Compensation?
The statute of limitations for workers’ compensation is a legal deadline that sets the amount of time that an injured worker has to file a claim for benefits and compensation for their injuries.
In California, workers have just one year from the date of their injury to file a workers' compensation claim.
If you fall at work due to unacceptable working conditionons, that date marks the beginning of your workers' compensation claim period. You can file the paperwork immediately to get financial reimbursement.
Workers' compensation covers costs such as:
Medical bills
Prescriptions
Lost income
Ongoing care costs
Funeral expenses
You must file your claim within one year to prevent forfeiting the chance to get reimbursement for these injury-related expenses. You don't want to wait too long to find an experienced attorney to help you recoup these funds. Filing a workers' compensation claim as soon as possible ensures you won't financially struggle when funds are available to help you.
Informing Employers About Your Injury
Knowing the workers' compensation statute of limitations in California is just the first step in this case. You need to inform your employer about the injury within 30 days in writing to create an official record. Your notice should tell management about the issue and that you intend to file a workers' compensation claim.
If you wait longer than 30 days, it's harder to get the full benefits.
Though you can inform your employer about the injury as soon as possible, you still need to file a separate workers' compensation claim. These distinct steps mean you must remember two timelines: 30 days to inform your employer and a year to file the claim.
Special Circumstances That Extend the Statute of Limitations
The 30-day notification timeline is relatively rigid, but the one-year statute of limitations has some flexibility. There are certain circumstances that give you longer than one year to file a workers' compensation claim.
Traumatic Injuries
Injuries aren't always apparent. Falls and broken bones result in immediate damage, but some trauma has a gradual onset. This type of injury means the date of the injury might be long before you ever felt any of the effects.
Trauma cases are one of the unique circumstances that extend the workers' compensation statute of limitations in California. You don't need to file the claim within one year of the injury because that date is too hard to pin down. Instead, you have a year from one of these dates:
The first time you experience disability relating to the condition
The first time you find out your trauma could have a cause related to the job
These dates also impact the timeline to inform your employer of the injury. You should tell them, in writing, about your pain once you realize the symptoms are work-related. You still have 30 days from the date you become aware of the injury, even if the trauma started years ago and gradually built up into a more serious issue.
Minor Employees
Another exceptional circumstance applies to workers under the age of 18. If you're a minor hurt on the job, the one-year statute of limitations begins once you turn 18. You can still seek medical care for the injury, but you have a longer timeline to file for compensation.
Work Insurance
Your work-provided insurance can also impact the statute of limitations. You can use your insurance for medical care and still have five years from the injury date to file for workers' compensation.
Proper Paperwork
Though you still need to inform your employer about the injury within 30 days, your one-year limit only begins when you get the DWC-1 form back. Your employer should complete the form after you inform them of the injury and your intentions to file workers' compensation.
If your employer tries to postpone the process, they won't be able to wait out the clock and deny your benefits. You can contact an attorney and give them the background of your injury, including the fact that your employer hasn't provided a DWC-1 form. Your attorney can work to get the paperwork for you, but your timeline won't start until you have that form.
Get Help Filing a Workers' Compensation Case
It is important to keep in mind that the workers' compensation statute of limitations in California is limited. If you have been injured on the job, it is in your best interest to act quickly to file a claim and protect your rights. Time is of the essence, and waiting to file your claim could result in missing out on the benefits you are entitled to. Don't hesitate to reach out to an experienced workers' compensation attorney who can guide you through the process and ensure that your claim is filed in a timely manner.
Get in touch with our team here at Chen & Nowzari LLP today for help filing a workers' compensation claim. With a successful track record in handling a variety of workers' compensation cases, we know how to fight for you. We have years of experience representing slip and falls, construction accidents, traumatic injuries, burn injuries, 18-wheeler accidents, and much more.
Our team will ensure that you get fair compensation for your work-related injury. The sooner you start the process, the sooner you'll get the resolution you deserve.
FAQ’s
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The 90-day rule in California refers to the requirement that an injured worker must report their injury to their employer within 90 days of the date of injury in order to be eligible for workers' compensation benefits.
This reporting requirement is in place to ensure that employers have adequate notice of potential workers' compensation claims and can take appropriate action to address the situation. If an injured worker fails to report their injury within 90 days, they may face difficulty in obtaining workers' compensation benefits and could potentially be barred from receiving compensation altogether.
It is important for workers who have been injured on the job to be aware of this reporting requirement and to take action as soon as possible to protect their rights to workers' compensation benefits.
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The timeline for a workers' compensation case to settle in California varies depending on several factors, including the severity of the injury, the complexity of the case, and the availability of medical evidence. On average, a workers' compensation case can take several months to a year or more to settle, but it can also be resolved much faster or take longer, depending on the circumstances.
Some common factors that can prolong the settlement process include disputes over the cause of the injury, disagreements about the extent of the worker's disability, and delays in obtaining necessary medical information. In addition, the appeals process can also significantly lengthen the timeline for a workers' compensation case to be resolved.
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In California, it is possible for an injured worker to receive both workers' compensation benefits and disability benefits after a workers' compensation settlement.
However, the availability of disability benefits depends on several factors, including the nature and severity of the injury, the worker's ability to return to work, and the terms of the workers' compensation settlement.
if an injured worker is unable to return to their previous job or any other suitable employment, they may be eligible for disability benefits through the state disability insurance program or the Social Security Disability Insurance (SSDI) program.
It is important to note that receiving disability benefits can affect the amount of workers' compensation benefits an injured worker is eligible to receive.