Time Limits For Filing a Worker's Compensation Claim

After sustaining an injury at work, you will be faced with serious problems. One of them will be the inability to work. Without income, it will be hard to take care of your family and pay your mortgage.

So, what do you do in such situation? There is only one solution – file a workers’ compensation claim.
Did you know that only one in four injured individuals files for workers compensation? The rest are afraid of losing their jobs and choose not to do anything about it.

When filing for workers’ compensation, there are a few things you should be aware of. One of them is the time limit that you have to file it. You are on the clock, and we advise you to hurry up.



Filing Workers’ Compensation Claim

In most states (including California), you have up to one year from the moment of the injury to file a workers’ compensation claim. However, there is a strict rule in California which says that you only have 30 days to give your employer a written notice of the injury. Once you do that, you will receive employee’s claim form (DWC-1) from your employer. Fill it in entirely, and return it to your employer.

After that, you have some time to take care of your injuries and focus on your recovery before you go and file an actual claim.

Seek professional help from one of our highly skilled and seasoned Los Angeles Workers Compensation Lawyer. They will provide you with everything you need to know about work comp, give you insight into the legal aspect of the matter and do things for you while you focus on your recovery.
Note that without an attorney, the chances of receiving your workers compensation benefits are almost nonexistent.

The Statute of Limitations

In California, typically you have one year one to file the following:
  • Workers’ compensation claim
  • An appeal on a denied claim
  • Discrimination claim
  • Misconduct claim
  • Claim for increased benefits
  • Personal injury case against a third party
  • Death claims
While on workers’ compensation or when filing for it, your employer has no legal right to terminate you. In case he/she decides to do so, you have legal right to file a personal lawsuit against your employer.

Third Party Claims

If a third party is responsible for your injuries (someone other than your employer), you can file a personal injury claim within 2 years from the moment you sustained your injury. In order to file a Summons and Complaint about personal injury against a third party responsible, we advise you to speak with your attorney and learn how to increase your chances of having a successful claim.

Contact Los Angeles Workers Compensation Lawyer immediately, and schedule your initial free consultation. All of our attorneys work on contingency, so don’t worry about any initial payments. You will be charged for their services only once you fully receive your benefits.

We care for you and want to help you do the right thing. Don’t hesitate to give us a call.




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