When you sustain work-related injury or illness and need to file a workers’ compensation claim there are two important deadlines that you cannot miss. Missing one or both these deadlines could mean you lose your right to claim workers’ compensation benefits.
Notifying your employer
California workers’ compensation law requires you to notify your employer about your injury or illness within 30 days. You must provide your employer with formal notice even if they already know about the injury or illness. Even if your boss was physically present when the injury occurred, you must still give formal notice within 30 days.
This time limit can be different if your work-related injury or illness developed over time, such as a repetitive motion injury or back injury from sitting too much in a certain position. In this situation, the 30-day window starts running on the first day you miss work because of injury or illness.
Completing the claim form
The second important deadline is the deadline to complete a workers’ compensation claim form and provide it to your employer. You must do this within one year of the injury or illness.
Be prepared with your contact information and details about the situation that caused the injury or illness. You must provide a description of your injury or illness and the date and time it occurred.
Keep copies of the formal notification you provide to your employer and the claim form. It is also best to complete these two tasks as soon as you can rather than wait until the last minute. Unexpected delays could cause you to miss the deadline.
Exceptions to the deadlines
There are some exceptions to these deadlines. You could receive an extension if you were in a coma due to your injury, were in quarantine because of your illness or your medical treatment is so lengthy and complicated it prevents you from meeting deadlines.
Although you may be eligible for an extension in these circumstances, there are no guarantees. Take care of these steps promptly to avoid future issues with your claim.