Legal Question in Workers Comp in California
What is the statue of limitations to file workers compensation in California?
2 Answers from Attorneys
I believe you have to report your workplace injury to your employer pretty much as soon as it occurs. Is that what you mean?
ONE YEAR from the date of the incident/accident; and BEFORE you 'separate' (quit, get laid-off, get fired) from the company.
The tricky claims are the Cumulative Trauma and Repetitive Trauma claims that don't all happen on one day.
Because of the one-year limitation, we state on Employee Claim for Workers Compensation benefits that the one year of employment leading up to the date the form is given to the employer is the 'date' of injury....
....so if you filed it July 1, your 'Date of INjury' is Cumulative Trauma July 2, 2011 through July 1, 2012.