The statute of limitations for filing a workers' comp claim in California is one year from the date of injury.
Some circumstances, however, may extend this time limit. For instance, if you did not immediately link your illness or injury to your work-related activity, you have one year from the time when you (or a medical professional) made that connection to file a claim.
Additionally, minors and people with disabilities have up to three years after they turn 18 or their disability improves (whichever happens first) to submit their claims.
You Must Report an Injury to Your Employer Within 30 Days
Unfortunately, many people misinterpret what the statute of limitations provides. Although you have one year to file for workers’ compensation after reporting a work injury to your employer, the latter must occur within 30 days of becoming injured or noticing an injury.
After you become injured at work, you have about four weeks to notify your employer, and it may be best to do so as soon as the incident occurs.
Contact an Attorney for Legal Assistance
If you believe you’re eligible for compensation due to a workplace-related illness or injury but are unsure whether it is within the limitation period, it is best to speak with an experienced attorney who can advise on the specifics of your case. An attorney may also be able to help you if your claim was denied by the California Workers’ Compensation Appeals Board or Insurance Company.
No matter when your injury occurred, it is important that you seek medical attention as soon as possible and keep track of any documents related to your assessment and treatment in order to strengthen your workers' comp case. Having a clear understanding of the deadlines associated with filing a workers' comp claim in California can help ensure that you are able to receive the compensation you deserve. If you’ve missed the deadline, it is still worth speaking with an attorney who may be familiar enough with these laws to assist you further.
You can always reach out to Smolich and Smolich when you have questions about your workers’ comp-related legal matters.