Over 40 Years Of Experience In Workers’ Compensation

When should you file a workers’ compensation claim in California?

On Behalf of | May 20, 2022 | Filing/Appealing A Claim

After a workplace accident that results in injuries, you need to protect your workers’ compensation claim by following the deadlines stipulated by the law. Otherwise, any unnecessary delays could jeopardize your claim, and you may miss out on compensation.

Here is what you need to know.

Informing your employer of a workplace accident

If you intend to file for workers’ compensation benefits, you have 30 days from the date of the workplace accident to inform your employer. If your medical condition or other circumstances prevent you from notifying your employer, you can have someone else do it on your behalf. Your notification to your employer should be in writing with all the accident details.

The statute of limitations applies to workers’ compensation claims

Beyond informing your employer on time, you have one year from the time the accident took place to file a claim. If you fail to do so within the specified period, your claim may be dismissed on legal grounds. You cannot even turn to the courts for relief after the one-year window has elapsed.

For cumulative injuries, the time starts running from when you knew or should have known that the condition is linked to your current or former employment.

Making the best out of your workers’ compensation claim

It is advisable to file for worker’s compensation benefits as soon as possible despite the allowed timeframes. Doing so early will increase your chances of a successful outcome since you can proceed without rushing. Additionally, the evidence will still be fresh, which will help you prove your claims easily.

When navigating the claims process, you need to be aware of such technicalities and other aspects of your claim that could affect the chances of getting the compensation you deserve.