Workplace hazard is a reality for many professionals in California. Workers in the manufacturing, construction, transport, fishing, and lumber industry are particularly at risk of workplace injuries. Employees who get injured in the line of duty can file a workplace compensation claim to cover necessary medical and other financial losses.
If your employer balks at providing compensation for injuries suffered at the workplace, you can file a workplace injury lawsuit. However, you should not wait too long in filing a claim as it could hurt your chances of getting legal recourse for the workplace injury.
Here, we will explain the statute of limitations for workplace injuries in California. Remember, the longer you wait to get legal help, the the chances of getting financial restitution for workplace injury will be less.
About California Statute of Limitations for Filing a Workers’ Compensation Claim
California Code of Civil Procedure section 335.1 sets the limitation for personal injuries. According to the statute, you have two years from the date of the injury to file a lawsuit in the court against a private employer. The limitation for filing a case against a California city, council, or state government is lower. You only have six months after an injury to file a workplace lawsuit in the court against the government agency (California Government Code section 911.2).
If you do not bring a case against the employer within the specified time limit, the court will most likely reject your case for a workplace injury.
Are there any Exceptions to the Statute of Limitation?
Keep in mind that there are certain exceptions to the time limit specified in the statute of limitation in California. The limitation is not applicable if an injured person becomes aware of an injury at a later date. In such a case, the statute of limitation will be applicable when the worker discovers the workplace injury. In fact, the statute of limitation begins to run once the victim becomes aware of the injury, and not when the injury actually happens.
Another important point you should note regarding workplace injury lawsuits in California is that you should give a proper notification to the employer within a specific period.
The California Labor Code Section 5400 states that an employee will not have any legal recourse if no written notice is served by the employer or someone on his or her behalf within 30 days of the injury. Again, the exception to this rule is if the injury was discovered later.
Contact Professional Workplace Injury Attorney for Help
Getting the help of an experienced workplace injury lawyer is recommended to navigate through the complicated legal requirements. The rules regarding workplace injuries in California are complex. A professional workplace injury attorney will provide the best representation for you, which will increase the odds of a successful court outcome.
Time is against you when it comes to filing a workplace injury case. The sooner you contact a workplace injury attorney, the better are the chances of getting full and fair compensation. At Albert E. Hirst – Workers’ Compensation Lawyer, we have a team of professional workplace injury lawyers who can provide expert legal counsel regarding your case. Contact us today by dialing (909) 885-7190.