Warning! - Time Limitations - Workers Compensation Cases

Workers’ compensation cases must be filed within a certain period of time. Failure to file a case within the limitations period will result in your case being lost.

Below are some important time periods for the filing of workers compensation cases.

1. Claim forms should be filed with the employer before the termination or notice of termination of employment. A claim filed after termination of employment or notice of termination may not be allowed unless you can show medical records of treatment before the termination
2. ONE YEAR FROM THE DATE OF INJURY OR EVENT
   1. Denied Cases
   2. Claims of Discrimination under Labor Code Section 132(a)
   3. Claims of Serious and Willful Misconduct
   4. Claims for Increased Benefits under Labor Code Section 5814
   5. Death claims provided that no more than 240 weeks has passed from the date of injury.
   6. Personal Injury cases against 3^rd parties
3. 104 Weeks
   Total amount of weeks that can be collected for temporary disability within five years of the date of injury.
4. 240 Weeks
   Death Claims – The maximum time that a death can occur after the date of injury and be considered for death benefits.
5. Five Years
   If medical treatment or benefits are provided, the time for filing an application with the Workers Compensation Appeals Board is extended to five years from the date of injury.
   A workers’ compensation case in which an award has been granted can be reopened by either the worker or the insurance company within five years of the date of injury if the disability changes.
6. One year from the last provision of benefits.
   An application can be filed with the Workers’ Compensation Appeals Board within one year of the last provision of medical treatment or benefits.

Warning! - Time Limitations For Other Types Of Cases - Workers Compensation Representation Only

There are time limitations for filing other lawsuits. These time limitations are called statues of limitation. Failure to file within the statute of limitations will most likely prevent you from prevailing in these other lawsuits.

This office represents you only for your workers’ compensation claim unless we have signed a separate agreement indicating that we are representing you in a third party civil case in Superior Court, a discrimination action before the EEOC or DFEH, or a discrimination action in Superior Court.

A Summons and Complaint for personal injury against a party other than your employer or co-workers who are engaged in the course and scope of employment (Third Party) must be filed at the correct Superior Court branch within two years of the date of the accident or occurrence.

If the third party being sued is a public entity, a special claim form must be filed with that public entity within six months of the accident or occurrence.

For claims before EEOC and DFEH, a complaint must be filed with those agencies within one year of the discriminatory conduct. Before you can file a discrimination complaint in Superior Court, you must file a complaint with EEOC or DFEH. After obtaining a right to sue letter, a summons and complaint must be filed no more than one year after the date of the right to use letter in the correct branch of the Superior Court.