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Are There Time Limits for a Workers’ Compensation Claim?

By Kenton Koszdin Law Office on February 17, 2020 | In Workers Compensation

Are There Time Limits for a Workers’ Compensation Claim?

The simple answer to this question is “Yes.” However, there are different components of a Workers’ Compensation (WC) claim with various applicable time limits.

If you are injured on the job or determine that your illness is work-related, it is important to act quickly. Submitting the required paperwork on time will help your claim’s approval. A filing delay or missed deadline may result in reduced or denied compensation.

What To Do If You Experience a Work-Related Injury

In California, you must complete a DWC-1 form and submit it to your employer within 30 days of your injury or when you became aware of your condition. Submitting your claim form as soon as possible will avoid any complications.

Missing the 30-day time limit may cost you significant medical costs and lost wages that would otherwise have been covered by WC.

Your employer has at least 5 days to file a WC claim with the insurance carrier. Once the claim has been filed, you will receive a letter within 14 days from the insurance company confirming your claim status.

Important note – if you do not receive the insurance company confirmation letter within 14 days, contact the company on your own.

At any point in the process, we recommend that you consider consulting with an attorney experienced in Southern California Workers’ Compensation claims to protect your rights.

Filing a Personal Injury Claim

Because WC does not provide payment for punitive damages or pain and suffering, you may want to file a personal injury claim against an entity other than your employer who may be responsible for your job-related injury or illness.

You have 2 years – the statute of limitations – from the date of injury in which to file a complaint at the applicable Superior Court for personal injury against a third party.

Workplace injuries can be very complicated. Please contact us to discuss your options for legal action in addition to filing for WC benefits.

Let Us Help You Gain the Workers’ Compensation Benefits that You Deserve

If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSD) benefits, it’s important to get an attorney experienced in these types of cases involved immediately.  Call our Los Angeles County office at 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home.  The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.

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