If you sustained injuries on the job, you might wonder how long you have to take legal action. The answer depends on several factors, but understanding the basics is important to ensure you act within the required timeframe.
The statute of limitations
In California, the general rule for filing a personal injury lawsuit after a workplace accident is two years from the date of injury. This is the statute of limitations. Filing within this timeframe is important. If you miss the deadline, you may lose your right to seek compensation for your injuries.
However, there are important exceptions to this rule. For example, if your injury was not immediately apparent, the clock may start when you discovered or should have discovered the injury.
Workers’ compensation claims
Most workplace injuries go through the workers’ compensation system. In California, you must report the injury to your employer within 30 days. After that, you generally have one year from the date of the injury to file a workers’ compensation claim. This system is separate from a personal injury lawsuit and provides benefits like medical care and lost wages without requiring you to prove fault.
Considerations for serious injuries
If your injury is severe, or you face a dispute over your workers’ compensation benefits, you may consider filing a lawsuit against a third party. The two-year statute of limitations still applies in these situations, but the legal process can become more complex. You may need to prove that the third party’s negligence directly contributed to your injury. This often involves gathering additional evidence and expert testimony.
Your rights and deadlines
Understanding the time limits for taking action after a workplace accident is key to protecting your rights. Whether you are dealing with a workers’ compensation claim or considering a lawsuit, knowing your deadlines helps you stay on track and get the compensation you deserve.