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For many professionals in California, the busy day-to-day life of making a living can actually introduce them to various workplace hazards, especially for those working in the construction, service, or retail industries. When someone acts negligently or otherwise ignores established safety codes, dangers can crop up in virtually any situation, from moving and storing freight to cleaning out an industrial oven. If you were caught in an unfortunate workplace accident that left you with a serious injury, you might be thinking of filing for a workers’ compensation claim to help you obtain financial coverage for your necessary and medical expenses as you recuperate.

You can’t wait too long, however, as strict statutes of limitations are in place that can bar you from seeking any help or restitution after a certain amount of time.

30-Day Statute of Limitations in California

According to California’s workers’ compensation statute of limitations as found within Labor Code Section 5400, you will have no claim to recover any compensation for most workplace injuries if they are not reported within 30 days of you becoming aware of the injury or illness. That’s just one month to notify your employer of your malady and that you would like to seek workers’ comp benefits. With such a small window of opportunity, you really can’t afford to hesitate and should take action immediately. The sooner your case is filed, the sooner you could start receiving restitution.

During any initial medical treatments for your injury, be sure to tell your doctor or physician that your ailments are workplace-related. This will establish early on that you believe your injury happened on-the-job, and the medical practitioner will know to bill your employer for any treatments.

How Simple Is It to File My Workers’ Comp Claim?

Even if your injury seems to you like it was obviously caused by workplace negligence that was out of your control, your employer might see it differently. They and their insurance providers may conduct thorough investigations to try to save their own pocketbooks in the end. In some cases, if they can, they may try to pin the fault entirely on you and deny your claim outright.

The wise choice for any workplace injury claim in California is to proceed with a Walnut Creek workers’ compensation attorney from Brand Peters PC. The legal professionals at the firm understand that your case is time-sensitive and can get the wheels turning and fight for the maximum settlement possible on your behalf, all while you focus on rest and recuperation. Call today before any more time passes!

At Brand Peters PC, our founding attorney Jonathan M. Brand has been serving the Bay Area since 1989. After earning his J.D. (law degree) from John F. Kennedy Law School, he had the intention of strictly pursuing personal injury law; however, not long after he founded Brand Peters PC, he decided to expand his practice so he could also represent injured workers in their workers’ compensation cases. Since the firm’s inception, he has successfully handled thousands of workers’ comp and personal injury cases on behalf of his injured clients, and he has obtained millions of dollars in verdicts and settlements over his years in practice.

Attorney Brand is not only well-liked and well-respected in the legal and chiropractic communities, he recently authored an article in the July 2013 edition of Plaintiff, the magazine for Northern California plaintiffs’ attorneys. His article is entitled, “Making workers’ comp work for you and your client,” and it explains the “new rules of workers’ comp and how WC intersects with personal injury law.” This scholarly article reaches its target audience of plaintiff attorneys all throughout Northern California, and is intended to help them identify the various ways of making the workers’ compensation system work for them as much as possible when personal injury and workers’ compensation “cross-over.”

Attorney Brand explains how the reality is that in many serious personal injury cases, workers’ compensation is a part of the process; therefore, it is his contention that by taking the time to understand workers’ compensation a bit more, personal injury attorneys can learn how to make it work for them instead of against them. The article demonstrates how the focus is more on the nuts and bolts of workers’ compensation and how it affects a personal injury case. To read the complete article in the July 2013 edition of Plaintiff magazine, click here!

One search online and dozens of stories involving work-related injuries are right at your fingertips. Online, employees who have been through the most horrific ordeals share their horror stories. These accounts will make you cringe, make you squeamish, and mostly make you angry and frustrated at bosses and insurance companies across the nation.

One truck driver was injured twice on the job- and these injuries were sustained within a few weeks of one another. Unfortunately, he received little mercy from his company’s workers’ compensation doctor. The man was fired from his job- for not being able to do any heavy work after being injured and subsequently lost his home, car, belongings and family.

In statements released to the press, the victim shared that, “After we lost the apartment…I was evicted…I stayed in a men’s shelter…my knee has gotten far worse, and I am completely disabled, and suffer anxiety and depressive disorders due to two mental breakdowns from the stress and pain I am in.”

In another story, a worker at an auto supply company was wearing a sweatshirt when it caught on a 110 ton stamping press, her first day on the job. The press slammed down and crushed her arms, resulting in the amputation of both of her arms-from the elbow down. A legal battle then ensued, with the employee fighting with all of her might to receive the damages she deserved.

How can you avoid having a work injury horror story like these to share and how can you ensure that your company has protections in place for its workers?

• Use proper safety equipment
• Ask for assistance if you cannot complete a task on your own
• Lift carefully, using the knees, or use a dolly if an item is too heavy
• Notify your supervisor if you experience pain after completing a task
• Be aware that certain repetitive motions can lead to carpal tunnel
• Stay informed of risks
• Get plenty of sleep
• Exercise caution when on the road for work

Workers’ compensation insurance is required by law in most states. If your employer does not have workers’ compensation, they can be held personally liable for your injuries or have to pay steep fines imposed by the state. If you have been injured on the job, contact a workers’ compensation attorney immediately to receive the legal assistance you need. Fight back today to reclaim your health and happiness!