Legal Question in Workers Comp in California

What is the statue of limitations to file workers compensation in California?


Asked on 6/13/12, 9:54 am

2 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

I believe you have to report your workplace injury to your employer pretty much as soon as it occurs. Is that what you mean?

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Answered on 6/13/12, 11:37 am
Nancy Wallace Nancy Wallace Atty at Law

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.

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Answered on 6/21/12, 11:04 am


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