There isn’t a single deadline that applies to every work-related injury in California. The time you have to file depends on the type of claim and who is legally responsible for the harm. Depending on the facts, you may have one claim or need to pursue both workers’ compensation from your employer’s insurer and a civil lawsuit against a third party. Reach out to the Los Angeles work injury lawyer from Grey Law for a free case consultation.
How Long Do I Have to File a Workers’ Compensation Claim?
California Labor Code § 5405 generally allows workers one year to take legal action to secure workers’ compensation benefits. This isn’t as simple as it sounds in every case, though. When the one year begins can depend on when you were injured, when your last disability payment ended, or the last date the insurance company paid for certain medical care.
You also have to notify your employer within 30 days of the injury, or it can jeopardize workers’ compensation claim.
5400. Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.
To make sure you don’t miss any deadlines, your best bet is to contact an injury lawyer as soon as possible.
How Long Do I Have to Sue a Third Party?
If your injury was caused in part or entirely by someone unrelated to your employer, you may qualify for a separate personal injury lawsuit. For example, this can happen if another driver crashes into your work vehicle, or you’re injured at a site managed by another business. In these cases, the typical deadline for a lawsuit is two years from the date of the injury.
You can have both a workers’ compensation claim and a third-party civil case ongoing at the same time. If you receive a settlement or verdict in one, it may affect your benefits under the other.
Do Government Lawsuits Have Shorter Deadlines?
Yes. If your injury may involve a government agency, for example, a crash with a city-owned vehicle or a hazardous condition at a publicly owned property, you generally must submit a formal government claim within six months after the claim accrues. Using the standard two-year deadline in these cases can result in losing your rights before you even file a lawsuit.
What If My Injury Developed Over Time?
Some work injuries don’t happen all at once. Conditions caused by repeated stress or exposure, such as carpal tunnel syndrome or a back injury, or a condition caused by toxic exposure, may develop gradually and often don’t have a clear accident date. When this is the case, the important date is usually when you first became disabled by the condition and either knew, or reasonably should have known, that the injury was related to your work. This date determines how much time you have to file your claim.
Because the specific timeline can vary with cumulative or slowly developing injuries, it’s important to let your employer know and seek guidance as soon as you suspect you have an injury or illness related to your job.
Contact a Los Angeles Work Injury Lawyer
If you have questions about a workplace injury, reporting deadlines, or whether you have a third-party claim, reach out to our office. Speaking with an experienced Los Angeles injury lawyer can help clarify your options and protect your rights. The sooner you reach out, the better, to ensure that you don’t miss the deadline. To schedule a confidential consultation, contact us today.