If you have sustained injuries at your workplace, you’re entitled to seek financial support to cover medical bills and daily living expenses. California’s Workers’ Compensation Act stands out as one of the most progressive worker protection laws in the country. To qualify for financial assistance, you must file a claim before the expiration of the statute of limitations.
Some exceptions to the statute of limitations exist, but to understand whether they apply to you, consulting with a workers’ compensation attorney is advisable. Learn more about this crucial legal process and contact PLBH at (800) 435-7542 if you need to speak with a specialized workers’ compensation and employment law attorney.
Initial Step: Informing Your Employer
Within 30 days from the date of the incident, you are required to inform your employer about any injuries sustained at work. For instance, if a warehouse employee falls off a ladder, they have a 30-day window to report this to their employer. Certain injuries, like Carpal Tunnel Syndrome, mandate reporting within 30 days of noticing symptoms. Since such injuries may take years to manifest, getting a DWC-1 workers’ compensation claim form when you inform your employer is crucial.
Subsequent Step: Filing a Claim
California law allows for a one-year statute of limitations to file a workers’ compensation claim once an employee is aware of an illness or injury. A year might seem long, but your health can significantly improve or deteriorate during this period.
At PLBH, we always advise our clients to inform their employers about any illness or injury as soon as possible after a workplace incident and to file a workers’ compensation claim promptly. If additional issues arise after filing a claim, a proficient workers’ compensation attorney can utilize your doctor’s data to estimate the cost of future medical care.
Exceptions to the Statute of Limitations
Several exceptions in California permit workers to file a claim beyond the one-year statute of limitations.
- The statute of limitations only begins when a worker turns 18 if the injury occurred while they were still underage
- If an employer does not provide the DWC-1 form to a worker promptly
- If a worker receives medical treatment from a workers’ compensation insurance provider, the statute of limitations extends to five years from the date of the incident
Prioritizing Action
After a workplace accident resulting in injuries, your health should be your primary concern. It’s important to seek immediate medical attention following a workplace injury and to retain any medical documentation provided by your healthcare provider. Following this, reach out to a California workers’ compensation lawyer who can guide you through the entire procedure, from acquiring a DWC-1 form from your employer to filing your claim. Avoid delaying your workers’ compensation claim submission until the last minute. To begin your workers’ compensation claim process, contact PLBH at (800) 435-7542 for a free legal consultation.