How Long Do I Have to File for Workers' Comp?
Every state has different workers' compensation laws, which means that your time frame to file your claim could be shorter than you know. If you have been hurt on the job, it is important that you understand the law and any time restrictions which could affect your ability to collect workers' compensation benefits in Orange County, California. We have researched the subject for you so you know what to expect and how to proceed in a timely manner.
Time Restrictions in Workers' Comp Cases
First and foremost, it is important that you report the accident and injuries in writing to your employer as quickly as possible after the incident. The sooner you file a claim to receive benefits after becoming ill or suffering an injury at work, the better. Depending on the circumstances of the incident, you have 30 days to fill out and submit a form to your employer so they are aware of the incident. If you pass the 30-day limit and do not file a claim, it could lead to losing out on benefits which would have been covered in your claim.
If you are worried about when you will start to receive benefits, you should consider that the process cannot begin until you alert your employer. Once your employer is aware of the condition or accident via your report, they only have a short time before they file the claim on your behalf. After they have filed the necessary paperwork with their insurance carrier, you will typically receive a notice within two weeks (14 days) letting you know whether the claim was denied or approved.
In California, the statute of limitations for a workers' compensation claim or appeal is one year from the time of the initial accident. If you wish to file a third-party personal injury claim against an outside responsible party, you have up to two years to do so.