What You Need to Know About California’s Statute of Limitations for Workers’ Comp Claims
Knowing the statute of limitations ensures an injured employee files a workers’ compensation claim on time. Here is everything that you should know regarding California statute of limitations for workers’ comp claims.
The statute of limitations for filing a workers’ compensation claim in California depends on the type of injury. The statute of limitations for a specific injury is one year from the day an employee suffered the job-related injury. The statute of limitations for cumulative trauma may be the date an employee first missed work due to the disability or the day the employee’s doctor determined the injury was work-related. California also offers exceptions to the statute of limitations depending on a case’s unique circumstances.
Related: How Long Can I Receive Workers’ Compensation Benefits?
What does a Statute of Limitations mean for Workers’ Comp Claims in California?
A statute of limitations is the maximum amount of time following an event for an individual to initiate legal proceedings. An individual may no longer file a claim if the statute of limitations runs out. The defense may also attempt to have the court dismiss the case if the plaintiff filed the lawsuit after the statute of limitations ran out. The specific periods mean an injured employee must initiate a workers’ compensation claim within the statute of limitations to receive damages for job-related disability.
Statute of Limitations for Reporting a Work-Related Injury in California
The first step for an injured employee to eventually file for workers’ compensation is to report the workplace injury within 30 days of the event. The employee may also report the disability within 30 days of when the individual first became aware of the disability if the impairment developed over time.
The employer will ask the employee to fill out a DWC-1 Claim Form and provide the following information:
- Employee personal information (name, home address, social security number. etc.)
- Injury date, time, location, and description.
An injured employee’s ability to earn appropriate compensation substantially diminishes if the individual does not submit the DWC-1 Claim Form within 30 days.
California legally requires the employer to submit the injured employee’s DWC-1 Claim Form to the employer’s workers’ comp insurance company within five days of receiving the document.
Workers’ Comp Statute of Limitations for Different Injuries in California
A disabled employee must file a workers’ compensation claim separately after reporting the work-related injury. California requires an individual to file an Application for Adjudication of Claim and a Declaration Pursuant to Labor Code 4906(g) with the Workers’ Compensation Appeals Board (WCAB). A person can find instructions and assistance for how to file an application for adjudication of claim and declaration pursuant to labor code 4906(g) on the California Department of Industrial Relations website.
The statute of limitations for filing the required documents depends on the type of disability:
- Specific injury, or
- Cumulative trauma injury.
Related: Should I Hire an Attorney After a Workplace Accident?
Specific Injuries in California
Specific injuries refer to an isolated incident resulting in a disability or need for medical assistance. An employee must file the workers’ compensation claim one year from when the specific injury occurred.
Cumulative Trauma Injuries in California
Cumulative trauma injuries are repetitive activities an employee performs over time, leading to physical or mental trauma. The court may find determining the exact date of a cumulative trauma disability difficult because the trauma developed over multiple days.
The statute of limitations for an employee with a cumulative trauma injury to file a workers’ compensation claim begins with the date:
- The employee first missed work due to the injury, or
- A doctor determined and informed the employee the injury was work-related.
Cumulative trauma does not have a set statute of limitations because the circumstances of each case are different.
Exceptions to the California Statute of Limitations for Workers’ Comp Claims
California can extend the statute of limitations for workers’ compensations claims if:
- The disabled employee was under 18 years old at the time of injury,
- The disabled employee did not know of the injury, or the injury was work-related until a later date,
- The injury put the employee in a coma,
- The injury required prolonged or lengthy treatment,
- The injury was contagious and required quarantine,
- The employer did not provide a DW1-C Claim Form to the employee after the employee reported the injury, and the employee was not familiar with workers’ comp claim procedures, or
- The workers’ comp insurance carrier provides medical treatment to the injured employee (statute of limitations extends to 5 years from injury date).
FAQs About California Statute of Limitations for Workers’ Comp Claims
Do I need a lawyer to help me file for workers’ compensation in California?
An injured employee may file for workers’ compensation without any assistance in California. However, an experienced lawyer can help a disabled individual understand how the case’s unique circumstances impact the ability to receive proper payment. For example, an employee may not be sure the employee qualifies for a statute limitations exemption without legal assistance.
What if my injury prevents me from filing for workers’ compensation in time?
An employee should always prioritize seeking medical attention before worrying about filing for workers’ compensation. The individual likely qualifies for an extension if the injury’s severity requires medical treatment taking longer than California’s 30 days to report or one year to file.
Contact Us
If you or a loved one would like to learn more about California workers’ comp claims, get your free consultation with one of our most qualified attorneys today!