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
- 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.