Statute of Limitations for Workers' Compensation in California

Workers' compensation is an employee insurance program that covers employees injured on the job. California has such a program. However, an employee must file a workers' compensation claim with a specific time frame.

Statute of Limitations

• Statutes of limitation are a limit on the amount of time by which a claimant must file a lawsuit or lose his right to do so. In the realm of workers' compensation, an administrative process must first be pursued, first through the employer human resources office, then the California Department of Industrial Relations.

Time Frame

• Employees should report injuries within one year. Though the administrative process with the Department of Industrial Relations has its own specific time frames and procedural rules after a claim has been made, the true statute of limitations to make a claim is one year, pursuant to California Labor Code section 5405.

Complex Law

• Workers' compensation can be an extremely complex area of law. Within a general claim, there may be other issues, such as denial of certain types of medical treatment. Depending on the myriad of possible issues that could arise, time frames for appealing decisions on those issues varies. It is important that an injured employee consult with a California attorney to ensure all issues are being covered and filed timely.