Oakland Accident Attorneys - Bay Area Accident Law Attorneys Based in Oakland

	Time Limitations When an injury has occurred, the employer is required, within one working day after receiving notice or knowledge of the injury, to provide the worker with a State of California claim form, commonly known as a DWC-1. Upon receiving the claim form, the worker should complete and file the claim with the employer as soon as possible. The employee is to give the employer a signed written notice of the injury or claim within 30 days of the occurrence of an industrial injury. The statute of limitations for filing an application to collect workers’ compensation benefits is one year from the date of injury in cases in which no benefits have been furnished or previously awarded. If benefits, compensation or medical treatment have been furnished by the employer or carrier, the application must be filed within one year after the date of the last payment, treatment or other benefit. In the case of an occupational disease, the date of injury is considered to be that date on which the employee is disabled and knows or should know, as a reasonable person, that the disability has been caused by his work. Where benefits have been furnished for an industrial injury, the injured worker has up to five years from the date of her/his injury to file an application with the Workers’ Compensation Appeals Board for new and further disability. In the event there are race, sex or disability discrimination claims or products liability or premises liability claims arising out of the work situation, different statutes of limitations apply. To avoid any possible problems because of late filing, the worker should, in all cases, file a DWC-1 form for any work injuries or occupational diseases. Once a claim form is filed, the employer has 14 days to accept or deny the claim. The employer can choose to put the claim on delay status, in which case the employer and carrier have up to 90 days to make a decision about whether the claimed injury is compensable. If the employer’s carrier puts the claim on delay for 90 days, the worker may, as a practical matter, be required to apply for State Disability so as to have income during the 90 day investigation period allowed by law. Be sure to check with a lawyer concerning the specific application of time limitations to your situation.