The US Department of Labor pointed out several worrying trends for ill workers in the annual report of the National Academy of Social Insurance for the workers’ compensation system in 2023. The department discovers that workers often bear the financial burden of workplace injuries and illnesses, with only a few states actively examining the sufficiency of workers’ compensation benefits.
In California, the workers’ compensation system offers some measure of key protections for the employees. Workers’ compensation insurance is required to be obtained by employers to cover the costs of their employees’ injuries, according to California law. California law requires an employer to retain records relevant to workers’ compensation claims for at least five years.
If you happen to be a California employer who wants to know more about the duration for keeping the records of workers’ compensation, that is the page you should visit: https://dieferlaw.com/blog/how-long-do-you-have-to-keep-workers-comp-records-in-california/.
In the meantime, let us learn about the 5-year rule for workers’ compensation in California:
Statute of Limitations for Filing Claims
The statute of limitation for filing a compensation claim against an employer is normally one year from the specified event or the day you learned of its relation to work. California workers’ compensation laws must be obeyed. To avoid losing your right to seek compensation, act promptly and retain a workers’ compensation attorney as soon as possible after those injuries.
According to the Bollinger Law Firm, knowing about the statute of limitation is important, so you have to keep all deadlines in mind to safeguard your rights to benefits. Most workers lose their cases since they lack the knowledge of how to properly deal with insurance adjusters. These adjusters will get them to say something incomplete or misleading in a recorded statement and then deny claims.
Hiring an attorney to help you with your claim should always be considered to prevent the aforementioned issues.
Impact on Eligibility for Benefits
According to the state of California’s Workers’ Compensation Law, anyone who does not put in a claim for workers’ compensation within five years of their injury or disease will have possibly lost their rights to any compensation at all. This time limitation can also restrict access to treatment and benefits for the disabled or those requiring vocational rehabilitation services.
If you wait until your claim is denied, you will forfeit the money needed to pay for your healing and return to work. Note this limitation and act in an instant to raise your rights and get the benefits that come with your California workers’ compensation laws.
Exceptions to the 5-Year Rule
The general rule is that you must file your workers’ compensation claim within five years of your injury or the last date you received employer-paid benefits. but there are certain exceptions that allow you to seek compensation, even beyond this period.
Usually, an exception arises in cases of occupational diseases that develop over a period, such as repetitive stress injury or climate illnesses due to long-term exposure to workplace hazards. In such scenarios, the five-year period might commence when you knew, or should have known, that this condition was work-related.
There may be cases where this five-year rule will not hold. For example, if your employer and his insurance company have somehow admitted to being liable for your injury or condition in the past, then this acceptance of liability might elongate the period within which a claim for benefits can be filed regarding that particular injury.
Importance of Timely Reporting
By reporting any injuries at the workplace as soon as possible, you are having guaranteed clearance so that compensation benefits can be reviewed much quicker. Immediate reporting of injuries results in timely medical treatment, an integral part of the recovery process.
If there is any delay in reporting the injury, your benefits get delayed, or your claim may even get denied. The longer the delay in reporting a workplace injury, the more difficult it becomes to prove that any such injury occurred in the course of one’s employment.
Seeking Legal Assistance
Consult a workers’ compensation attorney concerning the legal handling of your claim. A California attorney who is knowledgeable about workers’ compensation laws will greatly benefit you by explaining your legal rights, assessing your claim, and helping you meet all important deadlines.
Your claims attorney will be the one to take care of negotiations with the insurance company and the hearings themselves if the case ever arises in court. Remember, workers’ compensation laws can be tricky, and insurance companies will try to shortchange you on what you deserve. Your attorney will assist you in collecting evidence, obtaining medical records, and formulating a strong argument so that you may stand a greater chance of receiving your benefits.
See to it that you really know the five-year rule on workers’ compensation claims in California. It is important that all claims are filed within the statute of limitations period for the worker to qualify and receive benefits.
