How Late Can I File a Workers Compensation Benefits Claim in Burbank?
You have a good job, but unfortunately, a slip at work hurts your back. You know you have the rights for workers’ compensation benefits claim in Burbank.
However, you fear to risk your good job by making a claim. You end up waiting for the right time to file. And you subsequently wonder how late is too late to file a worker’s compensation benefits claim in California.
Different states have independent timelines
Well, each state has its deadline to file for workers’ compensation benefits. However, one thing’s common in all states. The sooner you make a claim, the better it is for you.
In the case of Burbank, California, you have one year from the day of your injury to file for compensation.
It’s however, important that you report your injury to the employer as soon as possible, typically within 30 days. Failure to do so can lead to your losing your right to workers’ compensation benefits.
Deadline also depends on the injury
The deadline varies based on the injury or illness you are suffering from, and the way it occurred.
Make claims for specific or cumulative injuries within a year of the injury date, or the date of the last most payment, or the date you last received medical benefits, whichever comes later.
Your Burbank workers’ compensation lawyer will be able to help you in this case.
When to report the injury to your employer
You should inform your employer of your injury or illness as soon as it’s practical.
Report your injury immediately after getting injured, or later upon learning that you suffer from a medical condition. For example carpal tunnel syndrome, which is caused by repetitive workplace stress.
Most importantly, make sure you specify that the injury was on the job.
Filing time limits
It’s when you report your injury that your employer usually files a work comp claim with the state workers’ comp agency.
The deadline ranges for this lies between 1 to 3 years after the injury.
However, some states like California have exceptions if you can’t immediately file a claim because of:
- Coma induced by the injury
- Severe injuries requiring immediate and prolonged treatment or surgery
- Being quarantined because of a contagious disease.
An extended period for occupational disease
The timeline to file workers’ comp claims is longer in case of occupational diseases. An example of such a disease is a back pain induced by workplace conditions or cumulative trauma. In California, you have to file a claim within a year of the injury date.
So in case of occupational diseases, the date when you first experienced disability, or when you realized it was because of work, is the injury date.
Don’t neglect moderate injuries
Always make a claim, no matter how mild or severe the injury may be. Many people make the mistake of not filing claims for mild or moderate workplace injuries.
The claim anyway closes if the condition improves with time. However, if you wait, you may end up losing the chance to get workers comp benefits. Later your health condition may worsen and you may need to get treated and miss work.
Supposing you have a previous, closed workers comp case, and the medical condition worsens. You have about 3-5 years to request the reopening of the claim and start receiving benefits again.
Besides, there are deadlines for submitting bills to your employer for your coverage. It’s therefore essential that you inform the doctor that you are receiving treatment under workers comp claim. Your doctor will subsequently be able to bill your employer or their workers’ compensation insurance carrier.
Consult your workers’ compensation attorney in Burbank
With so many factors and conditions determining your timeline to make a claim, it’s better to turn to the best Burbank workers compensation lawyer for help. They know workers’ compensation law in California the best and will make sure you meet your deadline and receive the workers’ compensation benefits you are entitled to receive.
Even if your employer says that it’s too late to file a workers comp benefits claim, first consult your attorney to find out if this is true or not. Your lawyer will also tell you if you have other legal alternatives to consider claiming your workers’ compensation benefits. They will also represent you in appeals if your claim gets denied.