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Time Limit for Filing a Workers' Compensation Claim in California

Law Offices of Jonathan M. Brand Aug. 14, 2015

For many professionals in California, the busy day-to-day life of making a living can actually introduce them to various workplace hazards, especially for those working in the construction, service, or retail industries. When someone acts negligently or otherwise ignores established safety codes, dangers can crop up in virtually any situation, from moving and storing freight to cleaning out an industrial oven. If you were caught in an unfortunate workplace accident that left you with a serious injury, you might be thinking of filing for a workers' compensation claim to help you obtain financial coverage for your necessary and medical expenses as you recuperate.

You can't wait too long, however, as strict statutes of limitations are in place that can bar you from seeking any help or restitution after a certain amount of time.

30-Day Statute of Limitations in California

According to California's workers' compensation statute of limitations as found within Labor Code Section 5400, you will have no claim to recover any compensation for most workplace injuries if they are not reported within 30 days of you becoming aware of the injury or illness. That's just one month to notify your employer of your malady and that you would like to seek workers' comp benefits. With such a small window of opportunity, you really can't afford to hesitate and should take action immediately. The sooner your case is filed, the sooner you could start receiving restitution.

During any initial medical treatments for your injury, be sure to tell your doctor or physician that your ailments are workplace-related. This will establish early on that you believe your injury happened on-the-job, and the medical practitioner will know to bill your employer for any treatments.

How Simple Is It to File My Workers' Comp Claim?

Even if your injury seems to you like it was obviously caused by workplace negligence that was out of your control, your employer might see it differently. They and their insurance providers may conduct thorough investigations to try to save their own pocketbooks in the end. In some cases, if they can, they may try to pin the fault entirely on you and deny your claim outright.

The wise choice for any workplace injury claim in California is to proceed with a Walnut Creek workers' compensation attorney from Brand Peters PC. The legal professionals at the firm understand that your case is time-sensitive and can get the wheels turning and fight for the maximum settlement possible on your behalf, all while you focus on rest and recuperation. Call today before any more time passes!