Statutes of Limitations on Workers' Comp Injuries
If you have workers’ compensation benefits through your company, you have to be careful not to assume that you will be covered for your on-the-job injuries no matter what. Oftentimes, you only have a set amount of time to report your injury or pain to your employer. Waiting beyond that statute of limitations could prevent you from finding any sort of financial or medical relief. But just how long is “too long” of a wait?
In California, personal injuries – whether they occur at work or elsewhere – have a two year statute of limitations, meaning that you have two years to report your injury and make your claim. Waiting beyond that could halt any action you take against the responsible party. It should be noted that in some cases of severe injury, workers are encouraged to take no more than 30 days to tell their employers that they require workers’ compensation benefits while they recover.
Special Circumstances for Statutes
Not every injury that occurs at work is going to be noticeable the moment it happens. Sometimes a slight pain can gradually grow to chronic soreness. For example, columnists for news sources may eventually develop arthritis due to hours and hours spent at a keyboard. As it could be years before such an injury becomes a problem, has the two year statute of limitation come and gone?
The timeline to report your work-related injury starts from the moment it becomes noticeable, not necessarily when it happens. This means if a medical examination discovered that you had a serious illness from chemicals in your workplace five years after you quit that job, you would possibly still have two years to bring your claims to the attention of that employer. It is, however, a shaky area of the law, and insurance providers are likely to fight whatever claims you make, especially when they are seemingly outside the two-year timeframe.
If you need to back your claims with a professional, retain the services of an Orange County workers’ compensation lawyer from Alvandi Law Group, P.C. Our law firm is entirely committed to workers’ comp cases in California, and we have been helping those in need for more than a decade. Call (800) 980-6905 today to request your free case evaluation with our compassionate and knowledgeable team!