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Is there a deadline for filing a workers’ comp claim?

Yes, there’s a deadline for filing a worker’s compensation claim, known as the statute of limitations. In California, according to Labor Code Section 5400, employees must report their injury to their employer within 30 days of the injury or from the date they first become aware of the injury. 

Additionally, Labor Code Section 5405 sets the statute of limitations for filing a worker’s compensation claim with the division of worker’s compensation. Generally, workers have one year from the date of injury  or discovering its connection to their work. However, the statute of limitations may be extended in cases such as :

  • The employee being in a medical coma from the incident 
  • Needing prolonged medical treatment, like for severe burns. 
  • The employee being under 18 years old at the time of the injury. 
  • Suffering from a repetitive stress injury, where the deadline starts when the employee realizes the injury is work related. 

It’s important to act quickly to avoid the risk of losing benefits. Missing the deadline to report or file your claim can lead to a denial. For proper guidance, it’s crucial to consult with a worker’s compensation attorney to ensure you meet all deadlines and understand your rights.

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