If you suffer from one or more injuries caused by a workplace accident, you have the right to apply for financial benefits to take care of medical bills and daily living expenses. The California Workers’ Compensation Act represents one of the most progressive workers’ comp laws enacted by any state. However, you have to file a claim before the statute of limitations runs out to qualify for financial assistance.
After the passage of the deadline to file a workers’ comp claim, the window to file a claim has almost slammed shut. There are a few exceptions to the statute of limitations rule, but you should contact a workers’ comp lawyer to determine whether you should still file a claim after the deadline.
First Deadline: Informing Your Employer
If you suffered one or more injuries in the workplace, you have 30 days after the incident to notify your employer about the injury or injuries. For example, a worker that fell off a ladder while stocking products in a warehouse has 30 days after the ladder incident to tell the employer. Some injuries like Carpal Tunnel Syndrome require you to report the injury within 30 days after you become aware of the symptoms. Symptoms for an injury such as Carpel Tunnel Syndrome can take years to develop. When you notify your employer, you should receive the DWC-1 workers’ compensation claim form.
Second Deadline: Filing a Claim
The statute of limitations for filing a workers’ compensation claim in California is one year after a worker becomes aware of an illness or an injury. One year is a considerable amount of time and your medical condition can change for the better or the worse. We recommend our clients inform their employers about an illness or an injury and file a workers’ compensation claim as soon as possible after a workplace incident. Even if additional symptoms develop after you file a claim, an experienced workers’ comp attorney will use the evidence supplied by your physician to estimate the cost of future medical care.
Exceptions to the Statute of Limitations Rule
California has made several exceptions that allow workers to file a claim after the one-year statute of limitations.
- If a worker is younger than 18 at the time of the injury, then the statute of limitations does not begin until the worker reaches 18 years of age
- When a worker detects one or more symptoms of an illness
- If an employer fails to give a worker the DWC-1 form in a timely manner
- If a workers’ compensation insurance carrier provides health care for a worker, then the statute of limitation extends to five years after the date of an injury
Act with a Sense of Urgency
Your well-being should be the main concern after a workplace accident caused one or more injuries. Seek medical care immediately after a workplace accident, and make sure to keep every copy of the medical documents completed by your doctor. Then, contact a California-licensed workers’ compensation lawyer who can guide you through the entire process, from receiving a DWC-1 form from your employer to completing and filing your claim.
Do not wait until the last minute to file a workers’ compensation claim. Call the PLBH Law Firm at (800) 435-7542 or submit the short online form to get the ball rolling on your workers’ compensation claim.