California has some of the most in-depth employment laws of any state in the country. This helps to provide more benefits to more employees who need assistance after an injury. However, these laws come with a collection of restrictions and guidelines that must be followed. Otherwise, an employee may lose their right to compensation.
Any employee that was injured while on the job has the right to file a workers’ compensation claim with their employer. Some of the most important requirements for a workers’ compensation claim is ensuring that you meet the statute of limitations and notify your employer on time. If you miss these deadlines, you may lose your claim as well.
Notifying Your Employer
Notifying your employer of any workplace injury that you receive is just as critical as meeting the statute of limitations. In California, employees are required to notify their employer of any injury or illness within 30 days of their incident or diagnosis. If an employee fails to report the incident to their employer within this time period, they may lose their right to file a claim in the future. This is because, without a proper record of the accident at your job, it is harder to prove that your injury was a result of work.
What Is the Statute of Limitations for a Workers’ Comp Claim in CA?
Most legal claims have a statute of limitations to ensure cases are filed efficiently and address the situation properly. When an individual waits for years to file a claim, it is more challenging to demonstrate their side of the story, and the court may not see it as valid. To ensure you get workers’ compensation benefits when you are eligible, you must file your claim within one year of your accident or diagnosis. California law recognizes that healing will most likely be an employee’s priority, but it is also designed to make sure that legal issues regarding workplace injuries are addressed promptly. If you do not file a claim for workers’ compensation within the allotted time frame, you will not be able to receive any benefits for that injury.
Benefits You May Receive
When you file a claim for workers’ compensation in a timely manner, and it is granted, you may receive one of the following:
- Medical Care and Treatment Coverage Coverage for the costs of medical care and treatment is the most common type of workers’ compensation claim. It is granted in most cases where an employee suffers an injury and can cover a wide array of medical visits, procedures, and treatments. To be able to receive financial assistance for your medical care, the treatment that was provided must be considered reasonable to your healing process. Reasonable care can include anything from doctor’s visits and consultations to surgeries and serious medical procedures.
- Temporary Disability Benefits Some injuries and illnesses prevent an employee from resuming their duties or even being able to work at all. When this occurs, the employee holds the right to file for temporary workers’ compensation. Temporary workers’ compensation is meant to be short-term and help to cover the wages that an employee loses while recovering. They are generally two-thirds of the employee’s weekly wage before their incident. With these kinds of benefits, the employer assumes that the employee will come back once they have healed.
- Permanent Disability Benefits Permanent disability benefits are granted when an employee suffers an illness or injury that permanently affects their capability to work. This means that even if the individual reached their maximum level of recovery, they still would not be able to resume their old job. Permanent disability is also a form of wage replacement, supplying employees with two-thirds of their pre-injury wage. If you receive permanent disability, this does not mean that you can’t return to the workforce in the future.
FAQs
Q: Can You File a Workers’ Compensation Claim After the Statute of Limitations Passed?
A: A statute of limitations is used to ensure that individuals file their claims in a timely matter and do not abuse the system. Statutes of limitations are legally binding, meaning that if you do not file your claim for workers’ compensation within the time frame given, you no longer have the right to do so. This would mean you also lose any rights to potential compensation.
Q: How Do You File for Workers’ Compensation in California?
A: To file a workers’ comp claim, you are first required to report your injury to your employer. They should then give you a workers’ compensation form to fill out, which you will file through them. You will also have to file what is known as an “application for adjunction of a claim,” which must be submitted to the Workers’ Compensation Appeals Board in California.
Q: How Long Does the Average Workers’ Compensation Claim Take to Finalize?
A: Every injury occurs under varying circumstances, which means that every claim may take a different amount of time to become finalized officially. In general, the average workers’ compensation claim in California is settled within a month. However, when there are conflicts involved, this can take much longer.
Q: Who Is Eligible for Workers’ Compensation in California?
A: California requires every employer to provide workers’ compensation. Any employee that suffers an injury or is diagnosed with an illness because of their job may be eligible for benefits. To ensure that you are eligible to file a workers’ comp claim in California, consider discussing your case with one of our lawyers at Pratt Law Corporation.
File Your Workers’ Compensation Claim On Time Today
When you’re injured at work, your first thought isn’t going to be about the legal terms surrounding your situation. At Pratt Law Corporation, we know that injured and ill employees need to prioritize their recovery. That’s why we are committed to offering legal guidance for employees trying to file workers’ comp claims in southern California. The process can feel complicated and overwhelming, especially when you’re trying to heal. Let a professional handle your situation and give yourself some peace of mind by working with our team. Contact Pratt Law Corporation for help filing your workers’ compensation claim today.
