In California, injured workers can pursue compensation through workers’ compensation benefits. However, you can also file a third-party claim if someone other than your employer is responsible for the injury.
Understanding the time limits for these claims is important for protecting your right to full compensation.
Statute of limitations for third-party claims
A third-party claim allows an injured worker to seek damages from a party that may have contributed to the injury. This may refer to a negligent driver, a manufacturer of defective equipment or a property owner. The time limit to file this type of claim aligns with the statute of limitations in California.
In California, the statute of limitations for personal injury cases is two years from the date of the injury. This means that you must file a lawsuit against the third party within two years of the injury date. Failing to do so usually results in losing the right to pursue compensation from the third party.
Comparison to standard workers’ compensation claims
The statute of limitations for standard workers’ compensation claims differs from that of third-party claims. In California, an injured worker typically has one year from the date of the injury to file a workers’ compensation claim. This time frame is noticeably shorter than the two-year limit for third-party claims.
Understanding this difference is important because it highlights that two separate time limits apply when both a workers’ compensation claim and a third-party claim are possible. Missing either deadline could significantly impact your ability to receive compensation.
By understanding and adhering to these time limits, injured workers in California can protect their rights to seek compensation from all responsible parties. Receiving the full benefits and damages you deserve after a workplace injury will help you return to your normal daily life.