How Late Can I File a Workers’ Compensation Benefits Claim in Glendale?
You have been injured while working in Glendale and want to claim workers’ compensation benefits? Meanwhile, you don’t want to risk your job and prolong the application hoping that the pain will go. On the other hand, you are wondering how late you can file a workers’ comp claim. Alternatively, you want to know the exceptions and circumstances that affect the deadline. In this article, you will learn about the timeline to file a claim for workers’ compensation benefits in Glendale, California. Read on the article and if you need additional assistance, we are always ready to help you at My Lawyer Glendale.
How Late is too Late to File a Workers’ Compensation Benefits Claim in Glendale?
The answer is rather straightforward. The sooner you file a claim, the better. However, the statute of limitations for filing a workers’ compensation claim in California says that you have one year from the date of injury or illness. This means that if you don’t file a claim within a year, you may lose your chance to file at all.
However, if you get injured or become aware of an illness, you need to report to your employer as soon as possible. Typically have a maximum of 30 days to report your injury to your employer. In short, you have one year to file a claim but a maximum of 30 days to report to your employer.
Exceptions to the deadline for filing a claim?
Having said that, it should be noted that there are exceptions under California law. The state of California prolongs your time of filing a claim for the following cases:
- if you are under a coma induced by the injury,
- or you are undergoing severe injuries that require prolonged treatment or if you are under quarantine because of contagious disease.
What is the deadline for occupational diseases?
You should also be aware that the deadline depends on the type of injury. For example, in the case of occupational diseases, the date of injury can be confusing. In this case, the date when you realized you are experiencing disability is the injury date. Accordingly, you have 30 days after that date to tell your employer about occupational diseases. In addition, you have 1 yeat to file a workers’ compensation claim after that date.
For example, if you have a back pain relating to repetitive actions at the workplace, you have one year from the date of the injury to file a claim.
What is the deadline for minors?
Exceptions to deadlines also exist if you are minor at the time of the work accident. Exceptions exist under the statute of limitations for workers’ compensation benefits. In this case, the timing becomes effective when the minor becomes a legal adult.
What Happens Next?
After you report your injury, your employer will provide you with a Workers’ Compensation Claim Form (DWC-1 claim form). In this form, you need to report on the date and location of the injury as well as its description. You then need to submit this form to your employer who will send it to the workers’ compensation insurance company within five days. Be careful not to miss these deadlines. Otherwise, you are risking reducing or holding up your benefits.
Consult with Glendale Workers’ Compensation Lawyer not to Miss the Deadline
In conclusion, there are a lot of exceptions and circumstances that affect the deadline of reporting to the employers and eventually filing a claim. With so many factors and conditions affecting your timeline, it’s best to apply to a Glendale workers’ compensation lawyer to examine your case. Even if your employer does not want you to file a claim, first consult your attorney to get a clear picture of what is more beneficial for your specific case.
At My Lawyer Glendale, we work day and night to keep your risk-free of losing your benefits. Call us at 1 (818) 574-4441 for a free consultation or fill out the form below. We will take care that your rights are fully protected.