How long after an injury at work can I file a Claim?
A work-related injury sometimes can be a bit confusing. You get hurt at work, you think it will get better on its own and you wait it out. You see no improvement and wonder if you even need to see a Dr. Time Limits in Workers’ Compensation are very important.
Reporting an injury to your Employer!
Each state’s law set the deadlines for filing claims, reporting the injury directly to your employer, and other matters related to your workers’ comp case. Here in California, the sooner you report it the better. California Code of Civil Procedure Section 335.1 sets the limitation for personal injuries. According to the statute, you have two years from the date of injury to file a lawsuit in the court against a private employer. The time limit for filing a case against California city, council, or state government is even shorter. You only have six months after an injury to file a workplace lawsuit in the court against the government agency.
If you do not file within the specified time limit, the court will most likely reject your case for a workplace injury.
After you’ve been injured at work, or you discover you have a medical condition caused by your workplace conditions, you should report it right away. Make it clear that you were hurt on the job.
Are there any Exceptions to the Statute of Limitation?
Yes, there are certain exceptions to the time limit specified in the statute of limitation in California. The only time the limitation is not applicable is if an injured person becomes aware of an injury at a later date. When that happens, the statute of limitation will be applicable when the worker discovers the workplace injury. In fact, the statute of limitation begins to run once the victim becomes aware of the injury and not when it happened.
In California, it is very important that you give proper notification to the employer within a specific period. The California Labor Code Section 5400 states that an employee will not have any legal recourse if no written notice is served by the employer or someone on his or her behalf within 30 days of the injury. Again, the only time there is an exception is when the injury was discovered later.
Contact a Professional Workers’ Compensation Lawyer for Help!
The legal requirements for a workplace injury can get a bit complicated, getting help from an expert is highly recommended. The rules regarding a workplace injury in California are complex. A Workers’ Compensation Attorney will provide you the best representation for your case and the odds of a successful court outcome will increase significantly.
When it comes to filing a workplace injury, time is of the essence. The sooner you contact an attorney, the better the chances you have of getting a full and fair compensation. Pacific Workers’ Compensation are the Lawyers for injured workers. Get help from the best Workers’ Compensation attorneys in Northern California today!