In California, the thirty day 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.
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 damages
What 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?
When you were only moderately injured, you may not receive workers’ compensation. If you only needed less than three days off from work, you may not be compensated at all for any paid time off. However, if you took more than three days off, you can receive benefits. This doesn’t mean minor injuries aren’t important. Sometimes, your injuries can take time to develop. Back conditions often become problematic later on when they become a chronic condition that puts you in severe pain.
Period of Time to Reopen Claim
If you had a previous workers’ compensation claim that was closed but your work injury worsened, you can reopen the claim. That way, you can start receiving benefits again and don’t miss out on the chance to get paid time off, despite the delay in the discovery of more serious complications. In California, you can reopen your claim within 5 years of the date of the initial injury.
Find Out More on Workers’ Compensation Time Limits
To get more guidance on what requirements there are for your workers’ compensation, the attorneys at Ghitterman, Ghitterman & Feld Law Firm strongly suggest that you get professional advice. Workers’ comp attorneys can provide useful information.
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