How Long Do I Have to Report My Work-Related Injury in California
Missing the deadline could mean losing your right to receive compensation for medical bills, lost wages, and more
If you’ve been injured on the job in California, one of the most critical questions is how long you have to report your injury and file a workers' compensation claim. Missing the deadline could mean losing your right to receive compensation for medical bills, lost wages, and other benefits. The statute of limitations on those who want to report a work-related injury in California is primarily governed by California Labor Code § 5405, and the rules differ depending on the type of injury. Here's a detailed breakdown to help you understand the timelines.
How Long Do You Have to Report Your Work-Related Injury in California?
Specific California work injury reporting rules govern workers’ compensation reporting deadlines. From the statute of limitations to re-opening a workers’ comp claim, here is everything you need to know about reporting work-related injuries in California.
Related Article: Hurt on the Job? An Attorney from SoCal Workers Comp Can Help
Statute of Limitations for Specific Injuries
For injuries that occur on a specific date, such as breaking an arm after falling off a ladder, California Labor Code § 5405 provides that the statute of limitations for workers' compensation claims is one year from:
- The date of the injury,
- The date of the last indemnity payment for temporary or permanent disability, or
- The date of the last provision of any medical or hospital benefits.
This means that if you were injured on the job, you must file your workers' compensation claim within one year of whichever of these three events happens last to report your work-related injury in California. This one-year time limit is jurisdictional, as demonstrated in cases like McDaniel v. Workers' Comp. Appeals Bd., 218 Cal. App. 3d 1011 and California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., 163 Cal. App. 4th 853.
Statute of Limitations for Cumulative Injuries
Cumulative injuries occur gradually over time as a result of repetitive work activities, such as carpal tunnel syndrome from years of typing or back problems from constant lifting. For these types of injuries, the statute of limitations is also one year, but the key difference is how the date of injury is determined.
Under California Labor Code § 5412, the date of injury for cumulative injuries is when the employee first suffers disability from the injury and either knew or should have known that the disability was caused by their employment. This rule is highlighted in decisions like City of Fresno v. Workers' Comp. Appeals Bd., 163 Cal. App. 3d 467 and Chavira v. Workers' Comp. Appeals Bd., 235 Cal. App. 3d 463.
So, if you develop a cumulative injury and your doctor informs you on June 1, 2024, that your condition is work-related, you would have until June 1, 2025, to file your claim. Understanding this timeframe is crucial so that you properly report your work-related injury in California.
Related Article: Understanding Repetitive Strain Injuries in California Workers’ Compensation
Re-Opening a Workers' Compensation Claim
In some cases, workers who have already received compensation for an injury may later experience a worsening of their condition or develop new symptoms related to the original injury. If this happens, California Labor Code § 5410 allows for the reopening of a workers' compensation claim to seek benefits for "new and further disability" within five years of the date of injury.
This rule is particularly important because it ensures that workers who suffer ongoing complications from their injuries can still seek additional compensation, even after their initial case has been closed. However, claims to reopen must be filed within the five-year window, as illustrated in Sarabi v. Workers' Comp. Appeals Bd., 151 Cal. App. 4th 920 and County of San Diego v. Workers' Comp. Appeals Bd., 21 Cal. App. 5th 1.
Additionally, California Labor Code § 5803 allows for the reopening of previously adjudicated cases for "good cause" within five years of the injury, as seen in General Ins. Co. of Am. v. Workers' Comp. Appeals Bd., 104 Cal. App. 3d 278 and Rio Linda Union School Dist. v. Workers' Comp. Appeals Bd., 131 Cal. App. 4th 517.
Related Article: Navigating the Workers Compensation Process: A Guide When Your Claim is Accepted
Do You Need to Report Your Work-Related Injury in California? We Can Help.
Understanding and navigating California’s workers' compensation laws can be complex and overwhelming. The deadlines are strict, and missing a filing date could mean losing out on your rightful benefits. That’s where the experienced team at SoCal Workers' Comp Attorneys comes in. We can help report your work-related injury in California and navigate the steps that follow.
Our skilled attorneys are knowledgeable in workers' compensation law, with a proven track record of advocating for injured workers and securing the maximum compensation for our clients. Whether you’ve suffered a specific injury or a cumulative trauma, or you need to re-open a claim, our team is prepared to fight for your rights. We stay up-to-date on the latest legal rulings and ensure that your claim is filed timely, accurately, and strategically.
If you’ve been injured at work or are dealing with complications from a prior injury, contact SoCal Workers' Comp Attorneys today for a free consultation. We’ll guide you every step of the way and make sure you get the benefits you deserve.