How Long Do I Have To Sue For Work-Related Injuries in California?

Being injured in a workplace accident is devastating, but you may have legal remedies through workers’ compensation or a personal injury claim. To protect your rights, you need to know the answer to an important question: How long do I have to sue for work related injuries in California?

In California, you typically have 1 year to file a workers’ compensation claim and 2 years to file a lawsuit for work-related injuries. Exceptions may apply based on the injury’s discovery date. Act quickly to protect your rights and secure compensation.

Our California workers’ compensation lawyers are committed to assisting injured employees who suffer workplace injuries, whether you qualify for workers’ comp or a civil lawsuit. We’ll tackle the complex tasks, enabling you to focus on recovery. You can also benefit by reviewing some important information about timing and deadlines.

 

What is the Statute of Limitations for Work-Related Injuries in California?

In California, the statute of limitations for filing a work-related injury claim depends on the type of case. If you’re pursuing a workers’ compensation claim, you generally have one year from the date of injury to file your case. There are exceptions in cases of cumulative trauma injuries and occupational illnesses, which may not be discovered or diagnosed right away.

With some workplace injuries, the accident is linked to the negligent actions of a person or entity not affiliated with the victim’s employer. For personal injury claims against third parties, the deadline is usually two years from the injury date as outlined under the California statute of limitations for personal injury cases.

 

 

When Does the Clock Start for Filing a Work-Related Injury Claim?

The clock for filing a claim typically starts on one of two dates:

1. The date the injury occurred or accident happened
2. When the injury was reasonably discovered

For example, if you sustained an immediate injury at work, the time limit begins that day. However, for injuries caused by repetitive strain or toxic exposure, there could be some delay for health care professionals to discover the medical condition.

With delayed onset injuries, the time starts when the condition is diagnosed. Employers in California must also be promptly notified of the injury, typically within 30 days after the discovery date, to maintain eligibility for workers’ compensation benefits.

 

Are There Different Deadlines for Filing a Lawsuit vs. Workers’ Compensation?

Yes, California sets distinct deadlines depending on the type of legal action. For workers’ compensation claims, injured employees have one year from the date of injury to file your documentation. This deadline applies in situations where an employee suffers an immediate injury or a delayed onset medical condition.

Conversely, if you’re filing a personal injury lawsuit against a third party, such as an equipment manufacturer or subcontractor, the statute of limitations is two years. Failing to differentiate between these timelines can lead to missed opportunities for legal recovery.

 

What Happens if You Miss the Deadline to Sue?

Missing the deadline to sue or file a workers’ compensation claim often results in losing your right to recover damages. California courts and workers’ compensation boards are strict about adhering to statutory deadlines, so your options are significantly limited if you allow the time period to expire.

There are some exceptions, such as if the injury wasn’t immediately apparent or if fraud or misinformation caused a delay. Another limited exception applies in the case where the injured employee is a minor. These exceptions are assessed on a case-by-case basis, but it’s critical to act swiftly and consult with a qualified attorney to avoid forfeiting your rights.

 

How Can I Ensure My Work Injury Claim is Filed on Time?

To file your work-related injury claim on time, there are certain steps to take immediately after the accident:

1. Report the injury immediately to your employer. This should be done within 30 days.
2. Seek medical attention. As you undergo medical care, document the diagnosis and treatment.
3. Keep track of other documents. Collect correspondence with your employer and insurance company. Proactive steps with records and evidence reduce the risk of missing deadlines, enabling you to safeguard your right to compensation.
4. Consult a California work injury lawyer. An attorney can evaluate your case and advise on deadlines.

 

 

What Are Exceptions to the Statute of Limitations for Work-Related Injuries?

California allows certain exceptions to the statute of limitations for work-related injuries. For example, the timeline may be extended if:

• Your employer fails to provide the required information about filing a workers’ compensation claim.
• Your employer engaged in other types of fraud or misconduct.
• Your case involves a minor or employee who was mentally incapacitated at the time of the injury.
• The workplace injuries were caused by cumulative trauma and may not have a clear start date.

In these scenarios, the limitation period is extended or otherwise adjusted based upon the circumstances.

 

Can You Sue for Pain and Suffering After a Work Injury in California?

Under California law, you typically cannot file a lawsuit against your employer for pain and suffering through workers’ compensation. The system is intended to be the sole, exclusive remedy for employees who are injured on the job or suffer from occupational illnesses. Benefits provided by the system do not include pain and suffering.

However, if a third party contributed to your injury—for example, a subcontractor or manufacturer of faulty equipment—you may be eligible to file a personal injury lawsuit. Another exception applies in cases of gross negligence by an employer.

In these cases, you can seek damages for pain and suffering in addition to economic losses like medical bills and lost wages. These are also workplace injury cases in which the two-year statute of limitations applies.

 

 

How Does a Lawyer Help Meet Deadlines for Work-Related Injury Claims?

A lawyer plays a vital role in meeting deadlines for work-related injury claims in California. They enforce your rights through various tasks, such as:

1. Investigating the facts, gathering evidence, and reviewing medical records
2. Thoroughly assessing your case to determine your rights through a workers’ comp claim or third-party lawsuit
3. Tracking key dates, such as the one-year filing deadline for workers’ compensation and the two-year limitation for civil cases
4. Handling complex paperwork to see that it’s submitted accurately and on time
5. Managing communication with employers and insurers

By delivering these benefits in a work-related injuries case, legal counsel minimizes the risk of missing critical deadlines that could affect your claim.

 

What Compensation Can You Pursue in a Work-Related Injury Case?

In a work-related injury case, compensation varies depending on whether you file a workers’ compensation claim or a third-party lawsuit. Workers’ compensation benefits typically include medical expenses, temporary or permanent disability payments, and vocational rehabilitation.

In contrast, a personal injury lawsuit may allow you to recover additional damages, commonly referred to as noneconomic damages. Examples include:

• Pain and suffering
• Emotional distress
• Loss of consortium, guidance, love, and support
• Punitive damages, in cases where intentional or reckless misconduct contributed to the injuries

Identifying the appropriate statute of limitations or other deadlines is critical for recovering these damages. A California workers’ comp claim or personal injury lawsuit could be dismissed for failure to do so.

 

How Much Does It Cost to Hire a Workers’ Comp Lawyer in California?

In California, workers’ compensation attorneys typically work on a contingency fee basis, meaning they only receive payment if you win your case. You do not pay any upfront costs to pursue your legal remedies. Fees are regulated by the state and usually range from 9-15% of your award, depending on the complexity of the case.

For third-party lawsuits, most lawyers will also charge a contingency fee. These arrangements are not covered by workers’ compensation laws, but other rules apply to personal injury attorneys who use contingency agreements. The rates may vary, but the lawyer and client agree upon them before representation begins. This payment structure allows injured workers to access legal assistance without paying money in advance, so clients receive fair representation for their claims.

 

Contact a San Jose Workers’ Compensation Lawyer Today

Now that you know how long you have to sue for work-related injuries, you can see the importance of taking prompt action. It’s critical to retain skilled legal representation after an on-the-job injury to protect your rights and secure the compensation you deserve.

Don’t risk missing important deadlines or settling for less than you’re entitled to under California law. Call our team at Scher, Bassett, & Hames today at 408-739-5300 for a free no-obligation consultation. Our experienced workplace injury attorneys are prepared to guide you every step of the way.

Related Content:

What Benefits Can You Get From Workers’ Compensation in California?

How to File a Workers’ Compensation Claim in San Jose

How Much Do Workers Comp Lawyers Charge in California? (2024 Rates)

Understanding Workers’ Compensation Claims