Legal Question in Workers Comp in California
what is the statue of limitations on a work injury case
2 Answers from Attorneys
One year after the injury unless you received some type of Workers' Comp benefit such as TTD or medical treatment, in which case I believe it is 3 years.
It Depends.
You have to claim the injury WHILE STILL ON THE JOB or the post-termination statute in Labor Code 3600 kicks in
Asbestos claims are 1 years AFTER DIAGNOSIS with a work-related exposure (which would have been 10-20 years earlier).
Most claims must be submitted within one year of the injury date or continuous trauma exposure.
BE CAREFUL about how you state your date... while the injury might have occurred over 4 years of repetitive activities, you would be wiser to claim it JUST THE PAST 12 MONTHS of activities in claiming a Repetitive Trauma or Continuous Trauma claim.
IF YOU ALREADY CLAIMED the injury, and the injury was 'denied' by the adjuster, you have ONE YEAR in which to FILE THE APPLICATION at the Workers Compensation Appeals Board (most folks need an attorney for this).
IF you already claimed the injury and returned to full duty then nothing happened, you have 5 years from the date of injury to assert 'new & further disability' with a supporting doctor's report showing your condition is different and worse than when the first doctor sent you back to work with zero permanent disability and zero work restrictions.