How Much Time Do I Have to File a Workers’ Comp Claim?
How Much Time Do I Have to File a Workers’ Comp Claim?
After you have been injured at your job, you shouldn’t wait on the chance to claim workers’ compensation. That is because, in California, there is a one-year statute of limitations on your ability to file your claim and 30 days to report it. In most cases, you should file while at your job so that your company can provide you with the necessary paperwork. If you didn’t file on the day of the injury, it is important that you file before the deadline as you can lose your right to receive compensation. In general, you are obligated to report your injuries to your employer as soon as they occur if you want to receive compensation for your damagesWhat is the Statute of Limitations?The statute of limitations in California typically limits personal injuries to 2 years from the date of injury to file a claim. However, in the case of a workers’ comp claim, it is 1 year from the date of injury. If you are filing a lawsuit, you still fall within the 2-year time limit, as this is a workplace lawsuit, not a workplace compensation claim. What is the 30 Day Time Limit?If you want to be eligible for workers’ compensation benefits, you have to alert your employer within 30 days. In California, this time limit begins on the date of the injury. Your employer is not obligated to provide workers’ compensation benefits after that point, and you may have to fight for your opportunity to receive benefits. The 30-day limit allows your employer to investigate how you were injured. Going beyond this time limit can make it more difficult to prove the injury occurred. Your employer can also file the paperwork and establish your claim on your behalf. After the 30-day time limit, you may have to get an extension and be reviewed, lessening your chance of the application being approved. What if I Don’t Need Time Off?
Image by Markus Spiske, via Unsplash.com.
About Michael Davis
Michael Davis is the Content Director of Miami’s On the Map Marketing, Inc. As the chief content editor of one of the fastest-growing Internet marketing firms in the country, Michael has made it his mission is to provide high-level, factual, and error-free content that emphasizes the best SEO practices and helps his company’s clients convert sales. When he’s not editing SEO content for On the Map, Michael writes his own industry-specific content for various publications.