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

If 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 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.

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.

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.

• Chapter 2. Limitations of Proceedings [5400 - 5413]
• Answers to frequently asked questions about workers' compensation for employees