How Long Do I Have to Sue for Work-Related Injuries?

In the state of California, injured workers who experience a workplace injury are entitled to workers’ compensation benefits to help cover lost wages, medical bills, and other serious injury costs. However, California workers do not have an indefinite amount of time to file a workers’ compensation claim – there are deadlines to report work-related injuries in order to receive maximum compensation.

In California, the deadline for filing a workers’ compensation is one year from the date of the workplace injury incident. Here are some things to know about filing a workers’ comp claim.

Filing a Workers’ Compensation Claim

Workers’ Compensation Claims:
- In most cases, when an employee experiences a job-related injury, the first course of action is to file a workers’ compensation claim rather than a personal injury lawsuit. Workers’ compensation laws established a system designed to provide benefits to employees who became injured or ill during course of their employment.
- It’s important to report the on-the-job injury to an employer promptly and file a workers’ compensation claim in order to seek compensation for workers’ comp.
Exceptions:
- Some states have exceptions or tolling provisions that may extend the time limits under certain circumstances. For example, the discovery rule may apply, allowing the statute of limitations to start from the date the injury was discovered rather than when it occurred.
Occupational Diseases:
- In cases involving occupational diseases or conditions that develop over time, the statute of limitations may be based on when the condition is diagnosed or when the injured party knew, or should have known, about the connection between the disease and the workplace accident.
Consult with a Work Injury Lawyer:
- Workers’ compensation issues can be nuanced and extremely complicated to navigate. It’s important to speak to an experienced attorney who specializes in work injury claims. The workers’ compensation attorneys at Lawyers for Justice, PC have an incredible breadth of knowledge when it comes to workplace injuries. An experienced lawyers keeps employers accountable and the LFJ attorneys in Glendale help injured employees recover medical expenses and other personal injury costs.

Workers Comp Statute of Limitations – FAQ

when is it too late to file workers comp? The statute of limitations — the period of time to file a claim — for California’s workers’ compensation claims is one year from the date of injury. A workers’ compensation claim to seek compensation for a work-related personal injury must be made one year from when the work-related injury occurred.

how long do i have to sue for work related injuries? A workers’ comp claim should be filed within a year from the work injury.

how long do you have to report an injury at work? Injured workers usually have a better chance of either receiving maximum compensation for a work-related personal injury the sooner they report workplace accidents.

how long does an employer have to file a workers’ comp claim? The statute of limitations in California for workers’ compensation eligibility is one year from the injured worker experiencing a work injury.

how long after an injury can you sue? If an injured worker wants to sue your employer for a work-related injury, it’s always advisable to speak to an experienced attorney so they can provide more as many details on injury-related losses and how an employee should proceed with their specific case.