Sometimes it takes time to really feel a work injury for what it is. You may have a bad fall at work and think you’re fine, only to feel its effects when you try to play with your children. Likewise, work injuries can slowly develop over time and repetitive motion, which can distort how you perceive your pain or loss of motion.
In any case, the point is that it sometimes takes time to realize you really need medical help for your work injury. If you plan on filing a workers’ compensation claim to help you afford medical treatment, understand that you can’t wait forever!
Workers’ Comp Statute of Limitations
Injured workers have a limited time to file for workers’ compensation. This time limit is called the statute of limitations, and it begins on the date of the employee’s accident or when they became aware of their injuries.
The statute of limitations for workers’ comp claims in California is one year. This means that an employee doesn’t have to file a claim immediately. Weeks or months can pass from the date of the accident, and the employee will still retain the right to file for workers’ comp as long as they file before the first anniversary of the accident.
What About Injuries with No Distinct Date?
Not all work injuries happen in a single moment in time. As previously mentioned, some can slowly develop over time. If an employee is filing for workers’ comp for a cumulative trauma injury, the statute of limitations begins on the date that the employee “knew, or in the exercise of reasonable diligence should have known” that the injury was linked to their employment.
File Now with Help from Our Legal Team
If you need to file for workers’ compensation benefits and need legal assistance, reach out to Smolich and Smolich for help. Our attorneys have helped many clients with workers’ comp claims over the years. You don’t have forever to file, so get the help you need to understand the process and how you can get the benefits you need.
Contact us online now to learn more!