Category Archives: Statute of Limitations

EMPLOYERS MUST PROVIDE INJURED WORKERS A CLAIM FORM AND NOTICE OF RIGHTS TO RELY ON A STATUTE OF LIMITATIONS DEFENSE

Under California law, workers’ compensation claims are subject to a statute of limitations. As a general rule, most workers’ compensation claims must be filed by an injured employee within one year of the date of the accident or the “onset” of the injury/illness. If a worker fails to file a claim before the deadline, an […]

CALIFORNIA WORKERS’ COMPENSATION DEFENSE: CUMULATIVE TRAUMA AND THE STATUTE OF LIMITATIONS

California employers are required to provide no-fault workers’ compensation benefits to their workers. State-mandated workers’ compensation insurance must offer coverage for two distinct injuries — specific and cumulative trauma. Whereas a specific injury is linked to an accident, cumulative trauma develops gradually over time. For several different reasons, cumulative trauma claims are complicated. One way […]