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Act Now on Your Workplace Injury Claim Before It is Too Late: Statute of Limitations

Workplace InjuryIf you are injured while working, it is important to notify your employer as soon as possible. Many people hesitate to react, either from fear of employer retaliation, the anxiety of seeing a doctor, or failure to realize the severity of the issue. With any injury, it is essential to have an examination performed by a medical professional. Inability to react promptly may result in a denial of workers compensation claims and may hinder any third party liability claims. Although the initial pain may seem minor, many severe workplace injuries present symptoms later but are identifiable with an early exam.

Workers Compensation

Workers compensation is an insurance that employers carry to protect themselves, not necessarily their employees, in the event of an unfortunate accident while at work. Employees can earn repayment for lost wages and medical treatment in return for their promise not to file an injury liability lawsuit against their employer. These claims cover all injuries obtained while at work or on a job-related assignment, regardless of who was at fault.

You have 30 days from the date of an incident to file for workers compensation. Tell your employer about the injury as soon as possible so he or she can begin his or her mandated portion of the process within the regulated timespan. This benefit is often limited to two-thirds of the regular income and not to exceed a maximum dollar amount, and is not taxable.

Third-Party Liability and Workplace Injury

An injured employee must decide whether workers’ compensation is adequate coverage or if a liability lawsuit due to negligence is the better option. Employees are unable to both sue their employer for negligence and file a workers' comp claim. However, if the injury is due to the negligence of someone other than the employer, it is possible to pursue both claims. In California, employees have two years from the date of injury to file a workplace injury claim, although that timeline changes dependent on injuries. Once this date passes, a liability claim is no longer a viable option.

Explore Your Options

Workplace injuries become complicated by work dynamics and the various laws regulating options for employees. An employer may encourage you to complete the workers' compensation paperwork. Refrain from completing any paperwork until you speak to a San Jose, CA workplace injury attorney. Filing for the insurance claim eliminates personal injury compensation options and puts limitations on monetary compensation. The attorneys at Corsiglia McMahon & Allard, L.L.P. have decades of experience assessing injured employees and helping them determine the best option for optimum recovery. Call us today at (408) 289-1417 to schedule your free consultation.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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