If you’ve suffered a workplace injury, you may be entitled to compensation but there are strict deadlines that determine how long you have to file a claim. Missing these deadlines can mean losing your right to seek damages, even if your injuries are severe.
At Hillstone Law, our California personal injury attorneys help injured workers understand their rights and file claims on time. Here’s what you need to know about the statute of limitations for workplace injury claims.
The Statute of Limitations for Workplace Injuries
In most cases, the time limit to file a personal injury claim is three years from either:
- The date of the accident, or
- The date you discovered the injury, if it was not immediately apparent.
This is especially important in cases involving conditions that develop over time, such as:
- Occupational illnesses like asbestosis, mesothelioma, or hearing loss
- Medical malpractice where injuries aren’t discovered right away
In such cases, the three-year clock typically starts when you become aware of your condition, not when the exposure or mistake originally occurred.
What Happens If You Miss the Deadline?
If you don’t file within the three-year period, your case may be time-barred, meaning the court will likely dismiss it. However, as long as you begin the court process before the deadline, your case can continue even if it extends beyond the three years.
For example, if you were injured on August 15, 2021, you must file a lawsuit no later than August 14, 2024.
Exceptions to the Three-Year Rule
Certain circumstances extend or modify the statute of limitations:
- Children: If the victim was under 18 at the time of the accident, the three-year period doesn’t begin until their 18th birthday. That means they have until their 21st birthday to file a claim.
- Mental Capacity: Individuals who lack the mental capacity to file a claim may have different time limits under the Mental Capacity Act, requiring careful legal evaluation.
- Airplane or International Accidents: Claims involving aircraft typically have a two-year limitation, and accidents occurring outside the U.S. may follow different deadlines based on jurisdiction.
- Wrongful Death: If a workplace injury results in death, different rules may apply for surviving family members filing claims.
Why You Shouldn’t Wait to File
Even if you technically have years to file, waiting too long can weaken your case. Evidence becomes harder to collect, witnesses may forget important details, and medical documentation may be incomplete.
Many workers delay filing claims out of fear of retaliation from their employer. It’s important to know that:
- Claims are typically covered by the employer’s insurance, not by the employer personally.
- California law prohibits retaliation against workers for filing legitimate claims.
- Filing promptly increases your chances of receiving the full compensation you deserve.
How Hillstone Law Can Help
Workplace injury claims can be complex, especially when statutes of limitations and exceptions come into play. At Hillstone Law, our attorneys will:
- Review the details of your injury and determine your filing deadline
- Gather the necessary documentation and evidence to support your claim
- Ensure your case is filed on time to preserve your right to compensation
- Handle all negotiations with insurance companies and employers
- Pursue the maximum recovery for your medical expenses, lost income, and pain and suffering
Contact Hillstone Law Today
If you’ve been injured in a workplace accident in California, don’t wait until it’s too late. Contact Hillstone Law today for a free consultation. Our experienced attorneys will review your case, explain the deadlines that apply, and fight to secure the compensation you deserve.
