California Workers Compensation Deadlines/ Work Comp Statute of Limitations

If you were injured at work, there are important timelines that you need to be aware of to preserve your ability to claim benefits under the workers' compensation system in California. The first time limit that an injured employee needs to worry about is the reporting deadline. Generally, an injured employee is required to report a work-related injury within 30 days of gaining knowledge of the causation of the injury as being work-related. Also, there is generally a one (1) year limitation for the filing of a case with the Workers' Compensation Appeals Board. The main question when dealing with limitations or deadlines is the question of commencement of any applicable time period. In other words, when did the statute of limitations or deadline start running?

Injured workers should seek the advice of an experienced professional if they think they have or expect to have statute of limitations issues. There are intricate considerations and case law regarding this issue. As each case is different, the facts of a specific matter must be considered in order to determine whether a statute of limitations defense is or will become an issue. The insurance company and/or the employer may also have engaged in conduct or ommitted certain conduct that may have tolled commencement of a deadline or statute of limitations period. (Eg. absence of a "Reynolds" letter; Lulling the injured Applicant into forebearance/ inaction).

Please contact our office if you have any issues or questions regarding your workers' compensation matter. Our California workers' compensation attorneys can guide you through your matter. We are avaialble to speak. Please give us a call at 714-360-0100.