How Long Do I Have to File a Workers’ Comp Claim?

When it comes to workers’ compensation, there are various strict deadlines in place for filing a claim. Missing just one of these deadlines can prevent you from receiving the benefits you deserve.

There are two main steps to reporting a work related injury in California: informing your employer of the injury and then filing a workers’ compensation claim.

• You have 30 days to tell your employer about your injury.

• You have 1 year to officially file a workers' compensation claim with the State Workers' Compensation Board.

When Do I Need to Notify My Employer of an Injury?

Report a work injury or illness to your employer as soon as possible. Whether you were injured at a worksite or developed an injury or illness related to your occupation over time, you must submit a DWC-1 claim form to your employer within 30 days from the time you become aware of your condition. This form will ask you to provide the date, time, and location of your injury, as well as a description of your injury. It is critical that you file the claim as soon as possible. Failure to submit your DWC-1 claim form within 30 days could reduce or hold up your benefits.

The Insurance Company’s Response

Upon receiving written notification of your injury, your employer will have 5 days to file a workers’ compensation claim on your behalf with the insurance company. You should then receive a letter from the insurance company within 14 days confirming the status of your claim. 

Your employer’s insurance company must authorize payment for your medical treatment while it’s investigating the claim to decide if it’s valid. Until it makes a decision, the insurer is responsible for up to $10,000 in medical bills. If the claim isn’t denied within 90 days after you’ve submitted the form, it will be considered approved.

When Do I Need to File A Claim?

Sometimes workers’ compensation claims go just like they’re supposed to and the employers’ insurance company pays for the employees medical care and/or missed work. However, more often than not, disagreements arise or claims are denied. You must open a case with the Workers’ Compensation Appeals Board (WCAB) by filing an Application for Adjudication of Claim (Form WCAB-1).

The statute of limitations for filing a workers’ compensation claim in California is one year from the date of your job-related injury or illness. If you do not file a workers’ compensation claim within a year of becoming aware of your injury or illness, you may lose your right to file at all.

What if I Miss the Deadlines?

While it becomes more difficult to recover workers’ compensation benefits if deadlines are missed, all hope is not lost. If you didn’t file a worker’s comp claim or the application for adjudication of claim on time, contact a workers’ compensation attorney. There are circumstances in which you might be excused for missing a deadline, or the time period is extended.

Our experienced workers’ compensation lawyers can explain how the law applies to your unique situation and help protect your rights. Our attorneys can also represent you in an appeal if your claim is denied.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.