Key Points
- The statute of limitations refers to the time frame after an alleged tort when a legal proceeding may be started. Simply, it is a deadline for when you can file your suit. There are certain exceptions to this rule, but generally, cases that are filed after the statute of limitations are immediately dismissed.
- Workers may get compensated for their work-related injury through workers’ compensation benefits. This insurance aims to protect these workers. Since California laws require employers to have this coverage for their workers, employees are usually not allowed to sue their employers.
- Filing the case as soon as possible is very important and we recommend immediately looking for a personal injury attorney to help you meet your deadlines.
California laws allow workers to get remuneration in case they experience a work-related injury. They are offered this protection to make sure that employers do not abuse the workers and leave them to fend for themselves in case they hurt themselves while working. This is also referred to as workers’ compensation benefit and will help cover lost wages, medical expenses, and other bills. However, there’s a caveat: these injured victims do not have an indefinite amount of time to file their claims.
In California, there are deadlines you should meet when filing for workers’ compensation for your work-related injury. This article will talk about the meaning of the statute of limitations, some exceptions to this rule, and when you should notify your employer about a work-related injury. We also talk about the exact deadline you have to meet for filing and the importance of hiring a work-related accident lawyer to help you during this entire process.
What Does Statute of Limitations Mean?
The statute of limitations refers to the timeframe that you have to file suit on your claim. The date is usually based on the date of the alleged tort. There are different statutes of limitations for different suits, and the statute of limitations may also differ depending on the state where the incident happened. For this reason, if you’re seeking to file a suit, you should ask the help of a legal professional to see if you are still within the statute of limitations for the claim you’re pursuing. Otherwise, the case might be thrown out even before it gets started.
What are the Exceptions to the Statute Of Limitations in California?
There are some exceptions to the statute of limitations in California. The most common exceptions that will extend the established statute are the discovery rule and the rules surrounding minor victims. Some states even exempt certain crimes from this statute, such as sex offenses including minors, and violent crimes like arson and kidnapping.
Discovery Rule
The discovery rule means that there is a failure to diagnose the problem immediately and that the victim didn’t realize their injury until much later. Typically, the statute of limitation is set based on the date of the incident, but in this case, the statute of limitation starts to run after the victim discovers their injury.
For example, if you fell while you were on duty and that resulted in lower back pain which presented itself six months after the injury, then the statute of limitations will be set based on the day the symptoms started to appear. Your lawyer can bring this up in court with proper attestation from medical professionals to modify the statute of limitations in this case.
Minor Victims
In California, if the victim is a minor, the statute of limitations does not immediately start after an injury or tort. The clock takes a pause and only starts running once the victim becomes eighteen years old. Therefore, although the statute of limitations would have been 2 years, the injured minor will have until they are Twenty years old to file suit.
What is a Work-Related Injury?
Work-related injuries are injuries (both fatal and nonfatal) that result from incidents involving your occupation. This is a fairly common occurrence, but the extent of the injury can vary greatly. From mild scratches to catastrophic and debilitating injuries, the types of injuries you sustain due to your work environment can be extremely unpredictable. For this reason, California laws mandate that companies provide workers’ compensation insurance for their employees. It is also for this reason that the U.S. created the Occupational Safety and Health Administration.
The OSHA has been created to help regulate employers. They are tasked to make sure that employers follow protocols to help minimize the incidence of workplace and equipment-related accidents that may cause injuries. The OSHA has been working to help reduce injuries, illnesses, and even wrongful death in the workplace for over 50 years.
When Should I Tell My Employer About My Work-Related Injury?
You should inform your employer about your work-related injury as soon as possible. Ideally, you should report to your supervisor or Human Resources about your injury immediately after the incident occurs, so that they can start investigating immediately, if necessary. This expedient reporting will help you get workers’ compensation insurance benefits for the injury you have sustained.
In California, you should report a workplace injury within 30 days of the incident. Furthermore, you should file a compensation claim to your insurance within a year. Failure to do so will likely make you lose your right to get compensated.
Can I Sue My Employer for Work-Related Injuries in California?
California laws require employers to provide their employees with workers’ compensation insurance. This prevents employees from filing a suit against their employers for work-related injuries. However, victims can sue their employer directly for work-related injury when the company deliberately caused the incident to take place. This scenario elevates the case beyond the framework of workers’ compensation and into the area of personal injury cases.
You may also sue other parties for work-related injuries. For example, if you got hurt while working due to exposure to a defective product, then you can file a product liability claim. Another example is when you get exposed to toxic chemicals while at work. If that is the case, you may file a claim against the manufacturer through a toxic tort.
When Should Employers Report the Injuries of Their Employees?
California law requires employers to report any work-related injury or illness that causes an employee to miss work or need medical treatment beyond first aid within five days of the incident.
If an employee dies due to a previously reported injury or illness, then the employer must file within five days of knowledge, an updated report indicating the death of the employee. Additionally, every serious injury, illness, or death from employment must be reported immediately by telephone or email to the nearest office of the California Division of Occupational Safety and Health.
Reporting incidents is not only a morally responsible thing to do but also legally obligatory in many cases. Failure to report can lead to serious consequences, including potential liability for the company and personal repercussions for involved parties.
What is the Statute of Limitations for Work-Related Injuries in California?
In California, the statute of limitations for work-related injuries is one year from the date of the incident, which means you have this timeframe to file suit for your personal injury. The employee should also notify their employees within 30 days and their insurance provider within one year of the incident.
Seek a consultation with a personal injury lawyer now
Seeking the help of a personal injury lawyer as soon as possible can help you meet your deadline. We recommend that you contact a lawyer so they can counsel you about meeting deadlines, and whether any exceptions apply in order for you to be afforded an extension.
Conclusion
The statute of limitations is important because it ensures that the integrity of evidence remains intact. With time, pertinent evidence can become less reliable, and thus, filing a suit may become more difficult. After all, time erodes all traces of the accident.
In California, the statute of limitation for work-related injuries is one year. However, the victim must inform their employer within 30 days, and their workers’ compensation insurance provider must be informed within one year. Knowing these important deadlines will help the aggrieved party receive compensation.
It might be in your best interest to seek the help of a personal injury attorney to navigate you through this complicated process. The assistance of a legal professional can benefit you, as they can help you meet necessary deadlines. Don’t let the passage of time be your enemy and prevent you from receiving the justice you deserve.
