What is statue of limitations in CA for workers comp and state disability?

Asked over 1 year ago - Fremont, CA

I filed in march 2011, and still pending. Would it be considered out of statue of limitation if i want to proceed with it now? Would it be better to apply again or pursue the old file?

Attorney answers (6)

  1. George Ellis Corson IV

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you filed and it is pending, you cannot refile the same injury. If it was already dismissed for lack of prosecution, you have 5 years from the date of injury to reopen the old claim. That is the broad-brush answer, since you have no other facts on the table.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  2. Peter Joon-Sung Hong

    Contributor Level 12

    5

    Lawyers agree

    Answered . Not sure what it is you filed but the statute of limitations for filing a workers comp application depends on a set of circumstances. You should consult with an attorney.

  3. Brett A. Borah

    Contributor Level 20

    5

    Lawyers agree

    Answered . Make an appointment to talk to an attorney on this one. The Statute of Limitation on WC is complciated but if you've alreaady filed with the court, then it shouldn't be a problem. State disabilaity is another matter. Generally, you're supposed to apply within 49 days of being disabled but there are some exceptions. Get to a good WC attorney right away to clarify. Initial consults are always free.

    There are some great WC attorneys in the Fremont/Hayward/ Santa Clara county area. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers.

  4. Kyle Karl Charles Tambornini

    Contributor Level 3

    4

    Lawyers agree

    Answered . Tough to answer with the information given. You need to consult with an attorney right away. Generally, you need to file a claim with the workers' compensation appeals board within one year. However, there are a number of exceptions that only an attorney can answer after looking at the specific facts of your case. Good Luck.

  5. David J McAuliff

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Hard to know how to answer your question. You say you "filed" in March 2011. Does that mean you filed a claim form with the employer? If so, what happened? Was the claim accepted, denied, or did nothing happen? The answer to these questions will influence how the SofL applies to your case. On the other hand, when you said "filed" you meant that you filed an Application for Adjudication with the WCAB, then you don't have to worry about the SofL. If no action has been taken on your application since March 2011, then it is vulnerable to being dismissed either by the WCAB or at the request of the insurance company. Go see a CA workers comp attorney about this; the answer depends on the particular facts of your case.

  6. Jonathan Warren Ring

    Contributor Level 4

    2

    Lawyers agree

    Answered . All good answers above. It's generally 1 year for a work comp case but when the statute will begin to run depends on the particular circumstances of your case. The 49 days from the date of the disability is also correct but dependent upon the particular facts surrounding your claim.

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