How Much Time do I Have to File for Workers' Comp?

Posted By Law Offices of Wax & Wax || 8-Aug-2017

In order to receive benefits for a work-related injury, you will need to file a workers’ compensation claim. This claim will need to be filed within a certain time limit, so it is important to get started on your injury claim as soon as possible. Filing your workers’ comp claim early on will make it easier for you to establish proof of your eligibility for benefits.

States generally set the time limit for filing a workers’ compensation claim between 30 and 90 days. In California, you have up to 5 years to file your claim. However, your injury claim must be reported to your employer within 30 days. The following circumstances are usually exempt from filing time limits:

  • Injuries that result in coma
  • Severe injuries that require immediate and prolonged treatment or surgery
  • Contagious illnesses that require an employee to be quarantined

Occupational Diseases or Cumulative Traumas

Time limits for filing are usually extended for occupational disease or cumulative trauma claims. Typically, you are required report the claim within a specific period of time from the last “injurious exposure” or from the date your doctor first informed you that your disease could be related to your employment. In California, the date of injury is when you visited a doctor or first took time off from work because of the injury. It is important to report these injuries early, despite the extended filing period.

Other Time Limits

If you have made a workers’ compensation claim in the past, and your claim-related condition has become worse since your claim was closed, you have a certain period of time to request that your workers’ comp claim be reopened. Reopening your claim will give you the opportunity obtain workers’ compensation benefits once again.

Do you need help filing for workers’ compensation benefits? Has your workers’ compensation claim been denied? Call (818) 946-0608, or contact our Glendale team of workers compensation attorneys to get started on your case today.

Categories: Workers' Compensation
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