ASK THE ORANGE COUNTY WORKERS COMP ATTORNEYS:
How Long Do I Have to File a Worker’s Comp Claim?
If you were injured or made ill at work, you should always try to file your DWC-1 form within 30 days of your injury.
If you did not – or are unable to – file your workers’ comp claim within 30 days, there are the rules governing when your claim may be denied for being past the time limit. This time limit on filing a claim is called the “statute of limitations.”
(1.) If your employer’s insurance company provided benefits after the injury you have five years from the date of injury to officially file your claim.
For example, if your employers’ workers comp insurance has already paid for your medical treatment or paid you for time off work, you have 5 years from the date of injury to file.
However, we do not recommend waiting this long, for many reasons. Medical records may be harder to locate and the circumstances of your injury or illness may be harder to document of you wait too long.
(2.) If the insurance company ignored or denied your report of injury or request for benefits, you have one year from the date of injury to officially file your claim.
Again, we do not recommend waiting this long, for many reasons. “Proving” that they received and ignored or denied a claim can be tricky – and could result in denial.
(3.) When collecting benefits on behalf of a relative who died due to a work injury, you have one year from the date of death to officially file your claim.
Our Orange County Workers Comp Attorneys Can Help
If you did not file a worker’s comp claim within the above time frames – or if you have been told you were denied because you missed the statute of limitations” contact our experienced Orange County workers’ compensation attorneys.
Under some circumstances there may be “exceptions” or you may be “excused” for missing the statutes of limitations deadline. For example, if your employer didn’t advise you of your right to file a workers’ comp claim, or they did not post the proper notices, we may still be able to file a workers com claim for you.
Call Our Orange County Workers’ Comp Attorneys: 562-622-4800
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