Time Limits For Filing A Workers’ Compensation CaseBy Kenton Koszdin on May 16, 2018 | In Workers Compensation
If you have a legal claim for any injury, whether it be physical or the abridgment of a right, whether it be related to a personal injury claim or workers’ compensation claim, you can’t stand idly by and wait for the “right time” to present it in a court or other tribunal. Statutes of limitations may bar you from filing a claim for relief after a certain time period passes.
Thus, if you are hurt on the job and believe you are entitled to workers’ compensation benefits, it is crucial that you act as quickly as possible. A statute of limitations delineates the time period in which a particular claim must be filed in a California court. Just about every state’s body of workers’ compensation laws contains a statute of limitations. Once the period set forth by the statute passes or expires, the party that may have a cause of action is no longer permitted by law to file a lawsuit since it is infinitely and forever barred.
Pursuant to California Labor Code § 5400:
“No claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.”
Thus, employees injured on the job have one month to notify their employer that they have suffered a work-related injury and intend to seek workers’ compensation benefits.
The statute of limitations in California for workers’ compensation claims or appeals is one year from the date of injury. If a worker is denied coverage of medical or wage loss benefits after an injury occurs, a worker must file a claim within one year of the date of injury. Please note that if this one-year period passes, the claim is forever extinguished and the claimant is permanently barred from litigating it.
There are certain exceptions that apply to the three-year statute of limitations and these time limitations may also be extended by certain specific actions of an employer or its workers’ compensation insurance carrier. An experienced workers’ compensation attorney may help any worker determine if there are any applicable circumstances that may extend (or toll) the statute of limitations.
If the employer’s insurance carrier denied a request for benefits or injury report, the claim must be officially filed within one year from the date of the injury. If trying to collect death benefits on behalf of a loved one who suffered a fatal injury in a work-related accident, the claim must be officially filed within one year from the date of death.
The Kenton Koszdin Law Office helps injured workers stay on their feet physically and financially. If you have a workers’ compensation claim, please do not hesitate to talk to an experienced workers’ compensation attorney. Time is of the essence! Failing to meet the 30-day deadline for filing a workers’ compensation claim could result in unreimbursed medical costs and lost wages, which otherwise would have been paid by the California workers’ compensation system.
We help the residents of greater Los Angeles and the San Fernando Valley obtain workers’ compensation benefits! We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!