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Important Deadlines For Filing a Workers’ Compensation Claim

By Katherine L on February 20, 2019 | In Workers Compensation

Important Deadlines For Filing a Workers’ Compensation Claim

If you are injured at work, you will have many important things to do. You must get medical treatment immediately, and you will be worried about your job and your ability to continue working.

But don’t forget to file a claim for Workers’ Compensation (WC) as soon as possible. You must take certain steps before the deadlines or you risk having your medical expenses paid and reimbursement for lost income.

Notify Your Employer

Whether your injury or illness developed over time such as carpal tunnel syndrome or you experienced a sudden accident at work, you must report it to your employer within 30 days of when you became aware of your condition.

Your employer will give you a DWC-1 claim form. Use this form to describe your injury and record the date, time and place that you were injured. Keep a copy of the form and give it to your employer. Your employer must submit this form to its WC insurance company within 5 days.

If you do not complete this form on time and give it to your employer, you risk reduced or delayed WC benefits.

File a California Workers’ Compensation Claim

In addition to notifying your employer of your injury, you must file an Application for Adjudication of Claim and declaration Pursuant to Labor Code 4906(g) with the WC appeals board.

The statute of limitations, or time frame within which you must file this claim, is one year from the date of your work-related injury or illness. You may lose your right to file any WC claim if you don’t meet this very important deadline.

There are limited situations where the WC statute of limitations may be extended. One example is if your injury is a repetitive stress problem such as carpal tunnel syndrome. Here the statute of limitations begins from the date that you became aware of the injury and realized that it was work-related.

Because of the risk of losing your WC claim or delaying your benefits, we advise you to consult with an experienced California Workers’ Compensation attorney for your best chances of a successful claim.

Let Us Help You with Your Workers’ Compensation Case

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 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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