How Long Do I Have To Report A Workplace Injury In California?

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    Injured on the job? Workers’ compensation benefits can provide crucial medical and financial support during your recovery. However, securing these benefits hinges on one critical factor — the timely reporting of your injuries.

    California has a strict timeline for reporting work injuries. In most cases, you have 30 days from the date of your injury to notify your employer. Missing this brief window can lead to the denial of your workers’ compensation claim or a reduction in the amount of benefits you’ll receive.

    When Should An Employee Report Injuries In California?

    Employees should inform their employers of any work-related injuries as soon as possible. This requirement applies whether you’re a contractor injured at a construction site, a driving instructor harmed in a car accident, an operator caught in a crane accident, or an Amazon worker who slipped and fell at a warehouse.

    Under Section 5400 of the California Labor Code, employees must report any injury from a workplace accident within 30 days. The clock typically starts ticking on the date of the incident.

    Some workplace injuries develop over time due to repetitive motions or exposure to hazardous conditions. In such scenarios, the 30-day deadline starts when you first reasonably believe your condition is connected to your job. For instance, if you experience chronic pain due to an underlying back injury that worsens after a specific work activity, the clock starts when you make that connection.

    However, this doesn’t mean that you can wait for a month. Act as soon as you have a reasonable suspicion that your injury is work-related. Don’t wait for absolute confirmation or for symptoms to become debilitating. Prompt reporting allows you to access medical care right away, initiate the claims process, and secure the benefits you deserve. You can also seek the help of a workplace injury lawyer if you’re unsure about how you can move forward with your claim.

    Other Deadlines For Reporting California Workplace Injuries

    After reporting, your employer has one working day to provide you with a workers’ compensation claim form. Fill out this form promptly and return it to your employer. They will then submit it to their insurance provider to initiate the claims process. For your own records and to protect your rights, make sure you have a copy of this completed form and your initial written report.

    Deadlines for claims may vary based on the severity of the injuries. You must also be aware of the following time limits:

    • Immediate Reporting — If you experience a critical or life-threatening injury, report it to your employer immediately. Examples include amputations, eye injuries, and any other injury requiring hospitalization.
    • Within Eight Hours — Employers must report fatalities to the Division of California Occupational Safety and Health Act (Cal/OSHA) within eight hours. For serious injuries requiring hospitalization, amputations, or loss of an eye, employers must also report these incidents to Cal/OSHA within the same eight-hour timeframe.
    • Within 24 Hours — Employers must also report less severe workplace injuries to Cal/OSHA within 24 hours. Examples include sprains, cuts, or other illnesses that don’t require immediate hospitalization but still cause an employee to miss work or limit their work duties.
    • Occupational Diseases — Deadlines for cases involving occupational diseases may depend on their nature and the employee’s exposure. Nevertheless, these ailments must still be reported immediately upon discovery.

    Why You Should Promptly Report Workplace Injuries

    Why You Should Promptly Report Workplace InjuriesHere are some of the top reasons to report workplace injuries quickly:

    • Obtain immediate medical treatment. A qualified medical examiner can accurately diagnose your injury and determine the appropriate course of treatment. Early intervention can help minimize complications and speed up your recovery process.
    • Protect your rights. Timely reporting means compliance with the law. It creates a clear paper trail that documents the timeline of events, minimizing disputes regarding the date or legitimacy of your injury. It also demonstrates your intent to pursue your rights and claim the benefits you deserve. If you’ve been injured in a car crash while doing your job, consult with our car accident attorneys to know your legal options that will best protect your rights.
    • Help employers identify dangerous work conditions. Reporting a workplace injury right away will help employers take corrective measures to prevent another accident from occurring again. For example, you’ve been in an elevator accident and sustained injuries. Your accident may prompt your company to inspect the safety of all their transport machines.
    • Secure and preserve evidence. The sooner you report your injury, the easier it becomes to gather and preserve crucial evidence.

    Disclosing your work-related injuries immediately will allow you to achieve a favorable outcome for your workers’ compensation claim.

    What Are The Consequences Of Delayed Reporting?

    Failure to report your workplace injuries promptly may have detrimental consequences. This negligence may lead to a delay in receiving medical attention, which might worsen your health condition. You may also get disapproved for workers’ compensation benefits that intend to pay for your medical bills, lost wages, and other losses.

    On top of that, late reporting may result in complex legal proceedings, such as disputes and lawsuits. You may then find it difficult to demonstrate the root cause and liability for your injuries. Prolonged processing time may also complicate the preservation of reliable evidence, as this may deteriorate over time.

    Statute Of Limitations For Workplace Accident Cases

    Statute Of Limitations For Workplace Accident CasesCalifornia’s statute of limitations sets the timeframe for injured employees to initiate legal action against responsible private companies. Accordingly, they must file their workers’ compensation benefits claims within one year of sustaining injuries. The clock starts ticking from the date of the injury.

    Per the California Labor Code, victims may address these two types of workplace injuries:

    • Specific Injuries — A single exposure or accident can lead to a worker’s disability or bodily harm, requiring medical attention.
    • Cumulative Trauma Injuries — These are caused by repeated trauma that may affect both an employee’s physical and mental well-being.

    Identifying the date of commencement for cumulative trauma injuries, such as reoccurring stress fractures or strains, is difficult. Nevertheless, concerned parties may determine the claim submission deadline based on the first day they missed work or their doctors’ confirmation of their work-related injuries.

    The statute of limitations also grants some exceptions. For example, time limits may not apply for injuries resulting in coma or needing intensive treatment, like burn injuries and contagious illnesses subject to quarantine.

    Injured employees must submit a claim form and present medical records when filing for benefits. Subsequently, employers must forward the same documents to their insurance companies, which must approve or reject claims within 90 days. If you don’t hear anything from them, you may assume that your injuries are covered.

    Employees may also contact the insurers directly if their employers refuse to report the accident. They can also seek assistance from the state’s workers’ compensation board in identifying the insurance companies’ identities.

    The law sternly reminds everyone that delayed reports of workplace injuries may limit or forfeit your chances of obtaining workers’ compensation benefits.

    How To Report A Workplace Injury

    If you have suffered an injury at work, you must take the following steps to protect your rights to compensation:

    1. Prioritize your health. Seek prompt medical attention and treatment, especially for severe or critical injuries. You must also request a copy of your medical record, as this is a crucial requirement for your claim. Remember to check this document to see whether you agree or disagree with your doctor’s findings.
    2. Notify your employer about the accident immediately. This information will allow them to take appropriate actions, such as initiating medical interventions and commencing reporting procedures.
    3. Comply with documentary requirements. After the accident, you must immediately submit an incident report containing all relevant details.
    4. Contact Cal/OSHA. Verify whether your employer has notified the authorities about the accident that caused your injuries. This way, you can find out about the liable party’s delays or refusal to report your work-related injuries.

    California law directs companies to promptly report any fatalities, severe injuries, or diseases suffered by employees at work. Cal/OSHA encourages them to dial their hotline, which is available 24/7.

    When making calls, employers may be required to disclose information, including but not limited to:

    • Time and date of the accident
    • Employer’s name, address, and contact information
    • Name and designation of the person reporting the accident
    • Address of the accident scene
    • Contact person for the accident site
    • Names and addresses of injured employees
    • Nature of injuries sustained
    • The location where injured employees obtained medical treatment
    • List of responding authorities
    • Details of the accident, including the extent of the damage

    Apart from calling, employers may also report a work-related injury, illness, or death by email.

    How Does The Workers’ Compensation Claim Process Work?

    How Does The Workers' Compensation Claim Process WorkReporting workplace injuries follows a particular process and timeline. When employees sustain injuries at work, they must immediately notify their employers and proceed with the following actions:

    • Share important details about the accident, such as the date, time, how it occurred, and the type of injuries sustained.
    • File a formal workers’ compensation claim to safeguard your rights and obtain benefits. Your employer must provide you with a form within one working day of learning about your catastrophic injury or illness. If your employer refuses to issue this document, you can download it from the Division of Workers’ Compensation (DWC) website or contact the Information and Assistance Unit. You may also call the DWC Information Services Center at 1-800-736-7401 to talk with a live agent.

    Employees must only fill out the areas designated for them in the claim form. You must also ensure that you date and sign the paper, as well as keep a copy for yourself. After completing every required field, return the document to your employer by handing it over or mailing it to the company address. If you choose to do the latter, make sure to obtain a certified mail and return receipt to verify the mailing and delivery of your form.

    As soon as injured workers have fulfilled their obligations, employers must also ensure that they complete these tasks, as required by law:

    • Assist the concerned employees in complying with the necessary documents.
    • Fill out the “employer” portion of the claim form.
    • File the workers’ compensation claim with insurance companies.

    The insurance company should receive the completed claim form from your employer. Your employer must also furnish you with a copy of this document. If you don’t receive one, you can ask and preserve it for your record.

    What Is Considered A Work-Related Injury In California?

    A work-related injury or illness is defined as one resulting from an event or exposure in the workplace or one that significantly worsens a pre-existing condition. Work injuries can include, but are not limited to:

    • Slip and fall injuries
    • Overexertion
    • Repetitive motion injuries
    • Struck-by-object injuries
    • Injuries from falls from heights
    • Electrical injuries
    • Lacerations
    • Back injuries
    • Injuries from workplace violence
    • Chemical exposure
    • Overexertion injuries
    • Spinal cord injuries
    • Burns and other fire-related injuries
    • Injuries caused by heavy lifting
    • Sprains and strains
    • Amputations
    • Bone fractures
    • Injuries from car crashes
    • Falling object
    • Lung injuries
    • Injuries from heavy machinery accident
    What’s Next After Submitting A Claim Form?

    The workers’ compensation claims process doesn’t end after submitting the required form. Generally, insurers must send a letter to employees within 14 days to inform them of the status of their claim. However, if they fail to do this, you can call the insurance provider to inquire about the process.

    Further, responsible parties must approve the necessary medical care within a day after you file a claim. Your employer may pay up to $10,000 for medical intervention while working on approving or denying your claim. You may also be eligible for a payment increase if your employer neglects to compensate timely.

    Frequently Asked Questions (FAQs) About Workers’ Compensation Claims
    What Are The Benefits Of Injured Employees?

    A workers’ compensation claim serves as protection for employees like you, especially when work-related injuries or illnesses occur. This legal action provides several benefits, including:

    • Immediate medical treatment for your injuries’ swift recovery
    • Coverage for expenses associated with medical interventions, such as hospitalization, physical therapy, doctor visits, and the purchase of medical equipment and medical prescriptions
    • Benefits for temporary or permanent disabilities
    • Compensation for lost earnings
    • Supplemental work displacement benefits for employees who can’t return to work after sustaining work-related injuries
    • Death benefits for the legal heirs and dependents of employees who died due to workplace injuries

    It’s important to note that even undocumented workers can also be eligible to receive these benefits. However, despite having legal grounds, not all injured workers obtain benefits. Insurance companies often manipulate claim coverage and offer low compensation. Employers could refuse to report accidents to avoid issues. Unfortunately, many victims choose to go with the flow to avoid further conflicts.

    What If My Employer Didn’t Have Workers’ Comp Insurance?

    Private companies in California are required to maintain workers’ compensation insurance. This policy can be provided by an independent insurer or an authorized self-insurance program, which must be financially stable to cover workers’ claims. If your employer doesn’t have this insurance, you can sue them in civil court.

    According to California’s labor code, injured workers may be eligible for compensation for their medical expenses and lost wages. When private companies can’t uphold their duties, legal action may arise.

    You don’t have to worry, though, if you want to file a lawsuit against your uninsured company. You can continue working while fighting for your right to compensation, especially once you’re granted benefits and the responsible party fails to pay. Your employer may not have the required insurance, but your payments might be drawn from the Uninsured Employers Benefits Trust Fund, which was established by the state specifically for this reason. Reach out to employment lawyers to know more about your options.

    What If the Workers’ Comp Insurance Company Denies My Claim?

    You may have the right to appeal insurance companies’ decisions if you receive notification of the disapproval of your workers’ compensation claim. It’s best to seek legal assistance from a top-notch injury law firm specializing in this field, such as Arash Law. One of the things a workers’ compensation lawyer does is deal with insurance providers that are notorious for rejecting valid claims or giving lowball offers to maximize their profits.

    Workers’ compensation attorneys can assist you in asserting your right to fair compensation. They can also be your best representatives in litigation conducted before a workers’ compensation administrative law judge (WCJ) at one of the DWC’s 23 local offices and satellites.

    What Are The Types Of Accidents That Lead To Workers’ Compensation Claims?

    Several kinds of workplace accidents can lead to employee injuries, making them eligible for workers’ compensation. Among these are the following:

    • Slip-and-Fall Accidents — Despite workplace safety rules, many workers still trip and fall to a lower level or on the same level. These incidents may be due to slippery or slick surfaces, loose matting, or uneven floors. From 2021 to 2022, authorities logged 674,100 relevant cases.
    • Falling Objects — Dropping objects from shelves or higher levels can injure workers, such as those in construction sites. These incidents can lead to serious or even fatal bodily harm, such as head and brain injuries.
    • Fires & Explosions — Unexpected fires and explosions at work often occur due to poorly kept combustibles, broken gas lines, shoddy pipe fittings, and exposed flames. Workers may sustain respiratory system damage after chemical exposure and blast injuries affecting the lungs, ears, gastrointestinal tract, and body tissues. They may also suffer burns and disfigurements.
    • Vehicle-Related Accidents — Work-related auto accidents may happen regardless of whether employees drive company or personal vehicles. Law enforcement personnel and business travelers are commonly affected here. Workers repairing the road or stationed in traffic areas are also at risk of being hit or injured by moving cars.
    • Machinery Accidents — Employees may get caught, electrocuted, crushed, or pinned by heavy machinery, especially when they aren’t trained on the proper use or the equipment isn’t properly maintained.
    • Workplace Violence — Police, correctional officers, security guards, and healthcare workers are among those susceptible to experiencing workplace violence. These occupations are at risk due to the physical demands and exposure to potentially dangerous conditions.
    • Overexertion or Repetitive Stress Injuries — Lifting, moving, or tossing objects cause overexertion injuries, which may lead to repetitive stress injuries like carpal tunnel syndrome, tendinitis, and bursitis. These frequently happen to linemen, typists, and workers performing manual labor in factories or highway construction.
    What Makes An Injury Serious Enough To Report?

    Employees who sustain serious injuries may be eligible to file for workers’ compensation claims. According to the California Code of Regulations, serious injuries or diseases refer to any medical condition sustained at work or in connection with employment requiring hospitalization for 24 hours. These can be subject to medical observation or diagnostic testing.

    Among the injuries considered serious and may be reported to employers are the following:

    • Amputations
    • Loss of eyes
    • Mesothelioma, particularly for workers exposed to asbestos
    • Injuries resulting in severe permanent disfigurements

    However, serious injuries don’t include sickness, physical damage, or deaths resulting from public road accidents unless they occur in a construction zone. You might also need to consult with qualified medical evaluators (QMEs), such as medical doctors, osteopathic physicians, chiropractors, dentists, optometrists, podiatrists, psychologists, and acupuncturists. They will examine your injuries and obtain medical-legal reports, which can be used to determine your eligibility for workers’ compensation benefits.

    However, there might be chances when you get an unfavorable QME report. In this case, you may appeal and dispute the details indicated in the document. Remember that your QME report is crucial for the success of your workers’ compensation claim.

    Can I File A Personal Injury Claim After A Workplace Injury?

    If an accident occurs at work and you sustain injuries, you might wonder if you can make a personal injury claim. The answer is yes. However, some particular conditions may affect your filing.

    Personal injury cases are legal actions alleging that the defendants caused harm to the plaintiff, either intentionally or unintentionally, resulting in injuries. These may involve motor vehicle accidents, slips and falls, and other occupational injuries.

    In most work-related settings, you cannot sue your employer for personal injury. Instead, you can only seek workers’ compensation for your damages. However, there are some exceptions to this rule. You may still be able to file a personal injury claim against third parties. These include a negligent driver, a contractor, or a property owner. If a defective product in your workplace causes you injuries, you may hold the manufacturer, distributor, and seller responsible for your damages under product liability laws.

    If you get injured in a workplace accident, initiating a personal injury claim against specific responsible parties is crucial. This initiative will help you to recover compensation for the following damages:

    • Medical bills
    • Lost earnings
    • Property damage, especially for work-related traffic accidents involving personal vehicles
    • Pain and suffering
    • Loss of enjoyment of life, specifically for cases involving amputations
    • Loss of consortium, particularly for incidents resulting in deaths

    In California, you need to follow the deadlines for filing personal injury claims to ensure the success of your pursuit.

    What Are The Deadlines For Filing Personal Injury Claims?

    According to the California Code of Civil Procedure, victims must file their claims for assault, battery, or other negligent injuries or wrongful deaths within two years of the incident date. Although there may be exceptions to this rule based on specific circumstances, it is highly recommended that legal action be initiated within the default period.

    California courts strictly enforce time frames for personal injury claims. Failure to meet the indicated time limit may result in case dismissal.

    Should I Get An Attorney For My Workers’ Compensation Claim?

    Yes, you need a top-notch attorney by your side when you pursue a workers’ compensation claim. When initiating the legal process, you might not receive fair treatment from your employer or their insurance provider. You might also experience rejections, demands for a disproportionate quantity of documentation, or unpaid bills.

    If your employer doesn’t give enough support or file your claim on time, they might make it harder for you to get just compensation. Nonetheless, committed workers’ compensation lawyers, specifically from Arash Law, can assist you in fighting for justice and protecting your rights in these circumstances.

    During negotiations with insurance companies, they will aggressively assert reasonable compensation for your injuries and losses. If out-of-court talks don’t work, attorneys working on compensation benefits can take your case to trial. They will further advocate for your best interests and ensure you get the desired outcome. You can guarantee that wherever your case may be taken, no one can take advantage of you.

    How Do I Find The Best Workers’ Compensation Attorneys?

    When searching for the best workers’ compensation attorneys, don’t hesitate to thoroughly review their qualifications to determine their suitability for your case. This process entails collaborating with a legal advocate with a track record of effective representation. One of our law firm’s partners, Tina Eshghieh, Esq., has recently secured a settlement of $11.25 million for workers’ compensation for a severely injured construction worker.

    This success is a testament that when you seek the most fitting legal representative, you can guarantee you will receive crucial support in every step of your filing process. It also means hiring a legal team with the following qualities:

    • Strong Communication Skills — Lawyers should be capable of effectively explaining even complex legal principles. They must also be excellent communicators who can consistently discuss the updates and status of your case.
    • Client-Centered Approach — Competent attorneys extend a personalized approach to their clients. They can also build strategies tailored to the specifics of your case.
    • Compassion — Your lawyers are your main advocates, so they must understand how your injuries affect your way of life.

    Before engaging with a law firm, you must schedule a meeting with its attorneys first. Most of them provide a free initial consultation and contingency-fee service. As such, you may discuss the specifics of your case and take advantage of their quality legal services without financial obligation.

    Remember that your workers’ compensation attorneys can influence the progress of your case and your well-being throughout the proceedings. That said, you must examine their expertise, demeanor, and professionalism. Handle your first meeting as though it were a job interview, with you acting as the employer. Check if you feel comfortable asking them questions and whether you can trust them.

    Call The Award-Winning Workers’ Compensation Lawyers California Trusts!

    Need legal assistance for your workers’ compensation claim? Arash Law can be your most trustworthy ally. We have a team of reliable injury lawyers specializing in workplace accidents who can look out for your best interests.

    Our personal injury lawyers can evaluate your case, gather the necessary evidence, and negotiate with liable employers and insurance companies on your behalf. Our litigation attorneys won’t back down until you receive the compensation you deserve. We’ve won over half a billion dollars for our clients. We want to help you get back on your feet, too!

    Your health is also our concern. Our workers’ compensation attorneys in California can connect you with excellent medical professionals so you can obtain the most appropriate medical treatment for your workplace injuries. We also understand that you need time for your recovery. That’s why we will take care of all the legwork so you can focus on healing.

    Don’t delay your right to workers’ compensation benefits. Contact us now at (888) 488-1391 so we can initiate the legal procedure.

    Arash Law is ready to help injured workers in California, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim. Our office also offers help to victims in cities and neighborhoods such as Stockton, Modesto, Visalia, Chico, Redding, El Centro, Monterey, Salinas, Santa Barbara, Santa Maria, and San Luis Obispo.

    Recent Work Injury News In California

    ABOUT THE AUTHOR
    Arash Khorsandi, ESQ
    Founder, Arash Law

    Arash Khorsandi, Esq. is the owner and founder of Arash Law, a large injuries and accidents law firm with offices throughout California. Over the years, Arash has built an all-star team of record-breaking lawyers, former insurance company adjusters, and the best paralegal staff in the country in order to ensure that his client’s cases result in the best possible outcome. In fact, our California personal injury law firm has won countless awards and distinctions in the field of plaintiffs Personal Injury law.

    Recover Lost Wages, Property Damages, and Medical Fees.
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    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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