How Long Do I Have to Sue for Work-Related Injuries in California? 2025

Jan 06, 2025 | Workers Compensation

Suffering an injury on the job is an overwhelming and stressful experience as it can leave you with medical bills, lost wages, and uncertainty about your legal rights. In California, workers have a specific time to file claims for compensation, whether through workers’ compensation benefits or a personal injury claim against a third party. Barry Law Group can help if you are asking questions like “How long do I have to sue for work-related injuries in California?”.

Statute of Limitations for Work-Related Injuries in California

In California, the statute of limitations, or deadline for filing a claim for a work-related injury, depends on whether you are pursuing a workers’ compensation claim or a personal injury claim. Below is the difference between the two statutes of limitations:

• Workers’ Compensation Claim: Filing a workers’ compensation claim requires employees to report the injury to the employer within 30 days of the accident, and from the date of the injury, you have one year to file a workers’ compensation claim or DWC-1 form.If your injury developed over time, like due to repetitive stress injuries, the one-year period typically starts when you first become aware of the injury and its connection to your job.
• Personal Injury Claim (Third-Party Claims): If a third party, not your employer, caused your work-related injury, you may file a personal injury claim. The statute of limitations for a personal injury claim in California is two years from the date of the injury.
  Missing these deadlines could disqualify you from recovering compensation for your medical expenses, lost wages, and other damages. If you are unsure about your timeline or legal options, it is ideal to partner with an Encino workers’ compensation lawyer who can help ensure that you meet all necessary deadlines and receive the benefits you rightfully deserve.

Why a Workers’ Compensation and Personal Injury Claim Are Advantageous

If you are unsure if you should file a claim after a workplace injury, it is important to know the benefits of taking this action. While workers’ compensation provides essential benefits, it has limitations. A personal injury claim, if applicable, can help you recover additional compensation. Below are the advantages of both a workers’ compensation claim and a personal injury claim:

• Workers’ Compensation Claim: You do not have to prove your employer was negligent; you just have to prove that the injury occurred at work, which can make the process simpler.

  Workers’ compensation pays for necessary medical treatment that is related to your injury and can provide temporary or permanent disability benefits. Another key benefit of workers’ compensation claims is that an employer is not allowed to retaliate against their employees for filing a valid claim, so you do have job protection.

• Personal Injury Claim: Workers’ compensation typically does not cover pain and suffering, but personal injury claims do. In a workers’ compensation claim, only a percentage of lost wages are covered, and in personal injury claims, you can advocate for full compensation. If a third party was grossly negligent, you may be awarded punitive damages, which can increase your overall settlement.

Since workers’ compensation has limited payouts, filing a personal injury claim against a responsible third party can help you secure the maximum compensation for your injuries. To determine which legal option is ideal for your circumstance, it is helpful to consult with an experienced lawyer.

FAQs

Q: How Long After a Work Injury Can You File a Claim in California?

A: In California, the time limit to file a legal claim for a work-related injury depends on the type of claim it is, whether a workers’ compensation claim, a personal injury legal claim against a third party, or a claim against government entities. In general, it is recommended to take legal action as soon as possible as the statute of limitations can range from as low as six months after an injury to two years.

Q: What Are Common Work-Related Injuries?

A: Common work-related injuries vary depending on the industry but can include slips, trips, falls, overexertion, exposure to harmful substances, vehicle-related accidents, and electrical or fire-related injuries. If you believe the injury you have suffered was due to negligence in the workplace, you may be able to seek legal action to receive compensation for your losses.

Q: How Long Does a Work-Related Injuries Claim Take?

A: The time that it takes to resolve a work-related injury claim depends on many factors, including the complexity of the injury, whether the claim is disputed or not, and the type of compensation sought. The more serious the injury, the more extensive medical treatment and assessments are needed, which may delay the process, and if an employer or insurer disputes the claim, there can be added delays.

Q: What Is the 90-Day Rule for Workers Compensation in California?

A: The 90-day rule in California workers’ compensation refers to the time limit within which an employer’s insurance company must accept or deny a work injury claim. This time is used to investigate the claim and decide how to proceed further. If a denial is not issued within 90 days, your claim is presumed accepted, which means that you are entitled to workers’ compensation benefits.

Q: Can a Lawyer Help Me With My Work-Related Injury?

A: Yes, a lawyer can help you with your work-related injury in several ways, especially if your claim is denied, delayed, or undervalued. Lawyers can assist you in filing your workers’ compensation claim and ensure it is filled out correctly and filed on time. They work to maximize your compensation and will refuse to settle for less than you deserve. If legal proceedings are necessary, a lawyer can represent you in front of a judge and jury.

Speak With a Trusted Workers’ Compensation Lawyer as Soon as Possible

Navigating a work-related injury claim in California can be complex, especially when dealing with deadlines, insurance companies, and potential legal disputes. Whether you’re filing a workers’ compensation claim or considering a personal injury claim, having the right legal guidance can make a significant difference in securing the benefits and compensation you deserve.

If you have been injured at work, meet with a trusted workers’ compensation lawyer by scheduling an initial consultation with a workers’ compensation lawyer from the Barry Law Group.