Almost everyone knows someone who, at some point in their career, had a workplace injury and has heard the horror stories of the workers’ compensation system. The fact is, no one wants to get hurt at work, not even a little bit. But a workplace-related injury resulting in permanent disability can be life-altering, and it can happen in an instant. To add to the pain and frustration, missing a critical deadline and losing your right to compensation can be equally devastating.
Unfortunately, it happens more often than you might think; the saddest part is that it could have been prevented. Imagine benefits like permanent disability weekly payments, lifetime pension, medical care, and job displacement benefits, all gone.
In California’s complex workers’ compensation system, a single missed date can shut down your claim for good. If you have been hurt at work and could be facing a permanent or long-term disability, and you think you have “plenty of time” to file, think again.
Call today to schedule your free case review with a workers’ compensation attorney at Sacramento Workers’ Compensation Attorneys and wake up tomorrow with a plan that ensures you never miss a deadline. We’ll answer your questions and provide you with the honest answers you need to understand your current situation. Our contingency fee structure means you pay no legal fees until you win a settlement, and it will be our job to ensure that all deadlines are met.
Learn more about our Sacramento Workers’ Compensation Attorney Services.
Critical Deadlines for California Workers’ Compensation Cases
30-Days: Injury Reporting Deadline
You have 30 days to report your injury to your employer, preferably in writing. If you do not meet this 30-day deadline to report, you may be ineligible for benefits.
If you miss it: Your attorney will have a more difficult time proving your case. An employer or their insurance company can argue that the injury is not work-related, that too much time has passed to investigate, or, in worst-case situations, that you are engaging in fraud.
One-Year: Claim Filing Deadline
In most cases, an injured employee in California has one year from the date of the injury, the last temporary disability benefits payment, or the last medical treatment related to the injury to file a formal claim with the workers’ compensation system.
If you miss it: In general, the one-year filing deadline is the most critical one of all. Insurance companies typically deny a claim filed late, which means you must appeal. Unless your attorney can prove you had a valid reason for missing it, the case could be dismissed, which means you will lose your right to receive workers’ compensation benefits.
One-Year: Cumulative Injuries Filing Deadline
If your injury developed over time, which is called a cumulative injury, the “one-year from the date of injury” deadline begins on the date you discovered the injury was work-related. Example: Over the course of a month, your shoulder is aching, then throbbing, and then the pain is so bad you can’t work. X-rays reveal that the injury is the result of repetitive strain to the ligaments and tendons, likely caused by work-related activities. You have one year to file a “cumulative injuries” workers’ compensation claim, starting on the day you were informed of the cause.
If you miss it: In the same way, the one-year from the date of injury filing deadline works, you risk the loss of being eligible for benefits if you do not file a cumulative injuries claim within one year of finding out the cause of your injury was work-related.
Exceptions to Workers’ Compensation Deadlines
Like in most states, California’s workers’ compensation deadlines are strict. This does not mean exceptions don’t exist. If you have missed a deadline, you must secure an experienced workers’ compensation attorney who has experience navigating the complexities of missed deadlines and appeals.
Here are a few general categories of where an experienced attorney could successfully appeal a denial due to a missed deadline:
- Cumulative Trauma
- Employer misdeeds or misconduct
- Medical treatment provided by the employer at the time of injury
- The injured employee was a minor when the injury occurred
The Golden Rule for Deadlines: Don’t Miss Them
Deadlines are not “maybe” lines; missing deadlines often results in severe penalties, including losing your right to collect workers’ compensation benefits. In the case of long-term or permanent disabilities, the consequences of this scenario could be financially devastating for a family, leading to even more problems. However, if you are in this situation, we may be able to help.
Hire a Sacramento Workers’ Compensation Attorney for No Money Upfront
Our consultations are free and carry no obligation. If we work together, you will pay nothing until and unless you win a settlement.
Call (916) 438-1819 to schedule a free case review. And rest assured, you will not miss a deadline.