Our Whittier workers’ compensation attorneys at Hanning & Sacchetto, LLP know our
California clients are often unsure of their rights after getting hurt at work. While seeking medical care is the priority after any injurious incident, injured workers also have an obligation to file a workers’ compensation claim before the statute of limitations expires.
Our Los Angeles County workers’ compensation lawyers know the difference between filing a successful claim and losing access to benefits starts with filing a timely claim.
How Quickly Must I Notify My California Employer of My Injury?
There are two types of workplace injuries: Those caused by a sudden incident — like slip and fall accidents — and repetitive motion/repeated exposure injuries — like hearing loss or cancer caused by asbestos.
No matter which injurious incident you experienced, you must report your injury to your employer within 30 days of becoming aware of the condition. Your employer, in turn, must record the details of the incident in writing.
How Long Do I Have to File a Worker’s Compensation Claim in California?
Reporting a job-related injury to your employer is not the same as filing a workers’ compensation claim.
The statute of limitations for filing a workers’ compensation claim in California is one year from the date of your job-related injury or illness. If you do not file a workers’ compensation claim within a year of becoming aware of your injury or illness, you may lose your right to file a claim at all.
Are There Exceptions to the California Workers’ Compensation Filing Deadline?
In certain situations, the statute of limitations for workers’ compensation in California may be extended.
- The injured employee was in a medical coma caused by the workplace incident.
- The injured employee was required to undergo prolonged or lengthy medical treatment, which is common with burn injuries.
- The injured employee was under the age of 18 at the time of the incident, therefore the clock does not start until he or she is a legal adult.
- The injured employee suffered a repetitive stress injury that accumulated over time, in which case the deadline takes effect from the date the employee became aware of the injury and that it occurred because of work.
If you have been injured at work, you do not have to worry that you may miss an important deadline or fear a denial if face your employer’s workers’ compensation insurance company alone. We can help.