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Workers' Compensation Attorney Scot D. Shoemaker

Workers' compensation news, insights, and information for San Francisco Bay Area residents.

When Should I File a California Workers’ Comp?

when should i file a california workers compIt is recommended you file DWC-1 form within 30 days of your injury, but if you missed that deadline, here are the rules on when your claim may be denied for being past the “statute of limitations.”

  • You have one year from the date of death to officially file your claim, if you are attempting to collect benefits on behalf of a relative who died due to a job-related injury.
  • You have one year from the date of injury to officially file your claim, if the insurance company either denied or ignored your request for benefits, or report of injury.
  • You will have five years from the date of injury to officially file your claim , If your employer’s insurance company provided benefits after the injury was reported (e.g., paid for your medical treatment or paid you for time off work).

You should contact a San Francisco Bay area workers’ compensation lawyer If you did not file a worker’s comp claim within the above time frames. An experienced lawyer can potentially discover if there are circumstances in which you can be excused for missing the statutes of limitations deadline, such as if your employer didn’t post the proper notices, or properly advise you of your right to file a workers’ comp claim.

 

The Response From the Insurance Company

There is a 14-day response requirement that the workers’ compensation insurance company must adhere to. By the end of the 14 days, the insurance company must notify you by letter that they are denying your claim or investigating your claim to see if it is valid. The insurance company will be liable for a 10% penalty of the temporary disability payments you should have received by the 14-day deadline.

During the time that the insurance company is deciding whether or not to accept your claim, the claims administrator must authorize payment for your medical treatment, up to a maximum of $10,000.

If the insurance company tells you it's investigating your claim before it decides whether to accept or deny it, it has 90 days to decide.

If you need forther assistance in understanding when you should file for California workers com, contact San Francisco Workers' Compensation Attorney Scot Shoemaker has over 2 decades experience fighting for Northern California workers throughout the Bay Area. If you have questions, contact Mr. Shoemaker by email or caling (415) 463-5310.

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