According to the State of California’s labor laws, a workplace compensation claim must be filed within one year of the date of the injury or the date in which a employers has mailed by first class mail a claim form and a notice of potential eligibility for benefits to the injured employee. This means that if you fail to file a lawsuit within a year, you will not be able to receive any compensation at all and you will be fully accountable for all the damages.
It can be difficult to pinpoint these dates, especially if you have suffered great injuries. If you alerted your employer immediately, you will likely be in the clear, as there will often be a record of such notification.
It is possible for the statute of limitations to be extended past the deadline, though. In most worker’s compensation cases, this is due to the defendant leaving the state for a period of time. An owner may vacate the state in the hopes that the worker will not pursue a claim, but the statute will not count down until he returns. In some cases, the injured worker may have been seriously injured to the point that he was no longer in his right mind or was physically incapacitated. This can cause the statute of limitations to be frozen until he returns to normalcy.
There are two main reasons that worker’s compensation cases often fail to get filed. The first is because of a fear of retaliation the employer. However, such retaliation is legal, and you would be able to pursue an additional discrimination claim on top of the worker’s compensation case. The second is due to not knowing the proper statute in the first place. It is crucial that you speak with a skilled worker’s compensation attorney who can help you with your nerve damage claim so that you do not miss any important deadlines.
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