How Long Do I Have To Sue for Work-related Injuries?
Have you sustained work-related injuries in California? If you have, you can file a workers’ compensation claim with the help of your work-related injury lawyer. Workers’ compensation will pay you for your medical treatments and rehabilitative therapy. You can also receive payment for each day spent on the sidelines due to your injuries.
Without a doubt, filing a workers’ compensation claim in California is in your best interest. However, unlike in many other states, time is of the essence for a claim. You and your work-related injury lawyer must file your claim immediately. Otherwise, you might lose your eligibility for filing and workers’ compensation benefits.
How long do you have? The answer may surprise you.
California’s One-year Statute of Limitations for Workers’ Compensation Claims
California’s statute of limitations is one year, so you have one year to sue your employer for work-related injuries in the state. With this statute of limitations, California has one of the shortest windows for filing claims in the United States.
Your window to file your workers’ compensation claim begins on the first day of your injury.
Work-related Disabilities That May Require Your Injury Lawyer’s Help
The first day of injury or disability may be straightforward for machine-related accidents and slips and falls, but not for other types of work-related disabilities. As a result, you need a work-related injury lawyer to help you determine when your first day of injury was.
This is necessary for the following disabilities.
Accumulated Trauma
Accumulated trauma refers to injuries that surface after repeated exposure or aggravation. Some accumulated work-related injuries include back injuries from repeated heavy lifting and sitting as well as carpal tunnel syndrome.
Mental Health Injuries
Mental health injuries can result from traumatic experiences at work. Some mental health injuries that can warrant the pursuit of a claim include anxiety, depression, and PTSD.
Occupational Injuries
You can also sue your employer for work-related injuries arising from your work environment. Injuries resulting from repeated exposure to an unsafe environment are occupational injuries. These can include chemical and asbestos poisoning.
Filing Your Claim
By following these steps, you will be moving a step closer to a successful workers’ comp claim in California:
1. Report Your Injury as Soon as Possible
You have 30 days to report your injury to your employer. You must also notify your employer in writing.
2. Seek Medical Attention
Report everything you’re feeling to your physician. Doing this allows your physician to attribute other less-visible injuries to your workplace.
3. Call a California Work-related Injury Lawyer
A lawyer can guide you through California’s complex workers’ compensation claim process. Also, a lawyer can determine the first day of your disabilities and how much you should receive as compensation.
A workers’ comp lawyer can represent you if your employer denies your claim or threatens to terminate your contract.
Have You Sustained Injuries at Work? Get Legal Representation That Gets You Results
Work-related injuries warrant a swift and aggressive pursuit of compensation. For legal representation that gets you results, look no further. Reach out to us at CCC if you’ve sustained severe work-related injuries in California.
FAQs
Here are some of the most commonly asked questions about workers’ comp claims.
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Workers’ compensation does not pay for pain and suffering in California. In California, employers pay workers’ comp through their insurance providers. The coverage provides compensation for financial losses like medical costs and wage-loss benefits. The employer’s workers’ comp insurance does not cover non-economic damages like pain and suffering.
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You can sue your employer for work-related injuries in California, but it’s not always necessary. California’s workers’ comp system operates on a no-fault principle. Under the no-fault policy, your employer’s insurance provider pays for your workers’ comp regardless of who caused the injury.
However, you can directly sue your employer for workers’ comp if the company carries no workers’ compensation insurance.
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The first thing you need to do is report your injury immediately. You have 30 days from your injury to do this, and it must be in writing.
You must also seek medical attention for your injuries. The physician’s report can also help attribute your injuries to work-related duties and the work environment.
Lastly, call a California work-related injury lawyer for legal counsel. A lawyer can advise you on the steps to take for your claim. Also, your lawyer can represent you if your employer does not approve your claim after 90 days.