California is a state that entitles employees to receive no-fault workers' compensation if injured. This means employees will be compensated regardless of who is responsible for the accident. In 2021 alone, the county received 683,502 First Reports of Injury. But did every claim receive compensation? Though the state aims to protect all employees, a California workers' compensation statute of limitations applies to each claim filed.
California Workers' Comp Statute of Limitations
Every case insurance companies receive is reviewed to ensure it falls within the California workers' compensation statute of limitations. These are a set of rules that determine the time limit in which a claim is filed. Once the statute of limitation expires, the employee can no longer receive compensation.
What is California's Statute of Limitations for Workers' Comp Cases?
According to the California Statute of Limitations for Worker's Compensation, employees must report an injury and file a claim within a certain period. The clock starts when the worker gets injured or realizes they are injured. For instance, filing a claim for a back injury ten years after it happens is not eligible.
Purpose of Statute of Limitations
The statute of limitations ensures that all the claims filed are legitimate. Without the statute, there are chances of an employee exploiting the California Workers' Compensation laws for financial benefits. A just state must protect both the employees and employers by law.
- You must be an employee, not a volunteer. Compensation is provided to full-time and part-time employees.
- The injury should be work-related or must take place at the work premises. Examples include exposure to toxic substances, chemicals, dangerous machinery, etc.
- You must be a worker eligible under state law. For instance, undocumented workers are not eligible.
- The employee must report the accident and file a claim within the statute of limitations.
Types of Worker's Compensation Benefits
The workers' compensation benefits are vast based on the type of injury that an employee incurs. The benefits include medical expenses, monetary compensation for lost wages, and death benefits. In case of a permanent disability, the employees are paid for life. There are also cases where pensions are provided to families.
Reporting An Injury
Reporting the injury when it takes place is crucial as it affects the compensation. In work-related accidents, time is of the essence regardless of how minor the injury is. Once the accident is on record and reported to the employer, denial of compensation by the employer can easily result in a legal suit.
Working With Experienced Legal Professionals
Though it's easy to file a claim, the problem arises when an employer or insurance company refuses it. Employers also often need to be more accurate with employees regarding the benefits they can apply for.
Hence, workers are advised to reach out to legal professionals who can aid them in receiving maximum benefits based on the injury incurred. The workers' compensation lawyer will also ensure the victim immediately receives medical benefits and is eligible for vocational benefits.
Frequently Asked Questions
1. When must I inform my employer about my injury?
All employees are recommended to notify the employer when the injury occurs. In cases where injuries are not felt instantly, the employee should report to the employer when they find out about the injury. The employer has to be notified in writing within 30 days of the injury.
2. When is the deadline for filing a workers' compensation claim in California?
After the employer is informed, the employee should receive a claim form within a day. Once the form is received, the employee has one year to file a claim for the accident. However, if no claim is filed within the time limit, the employee cannot demand coverage for medical expenses.
3. Are there exceptions to these limitations?
Luckily, there are a few exceptions to the rule depending on the circumstances of each case. For instance, if the employee isn't aware of an injury, the statute of limitation is extended. On the other hand, the statute of limitation for someone below eighteen years of age kick starts after they turn eighteen.
Spread awareness regarding the California Workers Comp Statute Of Limitations.
All employers must remember that a company or organization will always try to deflect the claim to save money. Hence, it's up to every individual to be completely aware of their rights in case an accident occurs. It is also important to spread awareness regarding the California Workers Comp Statute Of Limitations so no employee is deprived of their basic rights.
For more information on your rights as an employee, read up on California's workers' compensation benefits.