Following an accident at work, you will find yourself in a state of confusion and stress. If you did your research, you should know that the next step is filling a workers compensation claim.
Did you know that on average, only about 50 percent of all claims are successful?
Filling a claim has its own procedures. You have to do several things and do them within a given amount of time, or you may become ineligible to receive workers compensation benefits.
There is a certain time limit for filing a work comp claim in California. Here is everything you need to know about the time limitation, also known as the Statute of Limitation.
Notifying The Employer
The first thing that you have to do after an accident (assuming that you received medical help) is notified your employer about the injury. This has to be done within 30 days from the day that the injury happened. You can either visit your superiors and tell them what happened or do it in writing. Either way, you have to include the following information:
- The date and time when the accident happened
- How it happened
- What injuries did you sustain?
- Names of witnesses
- Where did the accident happen?
- What caused the accident to happen?
Remember that if you miss the 30-day deadline, you won’t be able to receive compensation for your injuries and you won’t be able to proceed to the step number 2, which is filling a workers compensation claim.
Experienced and seasoned San Diego Workers comp lawyer advise you to get legal representation as quickly as you can following the injury. In case you are unable to report the injury to your superiors, your attorneys may seek an extension on your deadline or do it on your behalf.
Deadline For Filling A Workers Compensation Claim
Once you are at stage two, you have to file an application for adjudication of the claim and declaration pursuant to labor code 4906(g) with the WCAB (workers’ compensation appeals board). You have 365 days or one year from the moment of the injury to file a claim in San Diego. Failure to file a claim within given time will result in negative consequences, leaving you without the ability to recover your benefits. Don’t wait before it is too late to act.
There Are Limitations
The Statute of Limitations has a few “limitations”:
- Injured workers is a minor – in that case, the injured individual’s time to report the injury starts when he or she turns 18 years of age.
- Becoming aware of an injury – injuries such as repetitive stress injury or carpal tunnel syndrome develop over time. In that case, the time limitation is given to that injured individual from the moment he or she became aware of the injury/condition.
There are a few other limitations concerning the disabilities and other complicated injuries that a worker may sustain at the workplace. To learn more about them, schedule a free initial consultation with one of San Diego worker’s compensation attorney today.