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Chico Workers’ Comp Lawyer: Time Frame for Discovering Work Injuries


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10/8/2013
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There’s a bit of language in the California statue of limitations that can be a little confusing, especially if, like many of our clients, your Chico workers’ compensation claim is your first experience dealing with liability law.

After you’ve appropriately notified your employer of an injury, you have one year to file from:

  • The date the injury occurred,
  • The date the injury was discovered, or
  • The date by which the injury should have been discovered.

 

“Was discovered” can be confusing enough for some of us, but “should have been discovered?” Let’s take a closer look at both of those qualifiers.

“Was Discovered”

You aren’t always aware of a job-related injury when it happens. Some conditions can take years to manifest symptoms, especially those related to hazardous substance exposure.

In many cases, the 30 days you have to notify your employer of an injury will start when you take off work or see a doctor for issues related to your symptoms. The one-year countdown is said to start as soon as you obtain a diagnosis.

“Should Have Been Discovered”

This one is a little trickier, but it’s important to understand. The point is that certain injuries need to be identified within a reasonable amount of time.

If somebody ignores symptoms of severe work-related hearing loss for many years, he or she may lose their right to file a claim because they didn’t seek diagnoses or treatment for more than a year after a problem should have been identified.

Hidden work-related injuries can be difficult to prove for people filing without a Chico workers' comp attorney. Call Ledgerwood Law at 888-761-7383 to learn more about how we can help. Be sure to ask for a copy of our free report, The Northern California Workers’ Compensation Survival Manual.



Category: Worker's Compensation

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Thomas Ledgerwood
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Proprietor Ledgerwood Law Group

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