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How Long After a Work Injury Can I Sue?

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Unfortunately, work injuries are not an uncommon occurrence. In 2020, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses. Being victim to an injury at your workplace brings unique challenges, especially when it comes to making that sure you are compensated for medical bills and lost wages, as well as any pain or suffering. 

If you’ve experienced an injury at work, or developed a medical condition as a result of the workplace, the first thing you need to do is notify your employer. You’ll need to inform them of the date of injury, as well as the nature of the incident. From that point on, you are entitled to apply for worker’s compensation or pursue legal action with a skilled work injury lawyer. No matter the route you take, you will need to make sure you act within the statute of limitation.

What is the statute of limitations on a work injury?

The statute of limitations is the amount of time an individual has after the date of injury to file a lawsuit. This length of time varies depending on the circumstances, including what state the incident occurred in. For example, California’s statute of limitations for a personal injury case (whether the incident occurs at work or not) is two years. However, various factors may affect this general time limit.

Federal or state workers injured on the job in California only have six months (or up to a year in certain circumstances) to file a lawsuit against the agency responsible. Since there are many different factors that may affect the statute of limitations in each case, it is recommended that injured individuals contact a work injury lawyer as soon as possible to ensure that the case is brought prior to each incident’s specific deadline.

Is there a workers’ comp time limit?

Worker binding wounded wrist - how long after a work injury can I sue?

The statute of limitations also varies if you are pursuing workers compensation. A workers’ compensation case is not based on fault, but is simply intended to make sure the injured party receives compensation for their injury. With workers’ compensation, you will typically receive benefits weekly, and the exact amount will vary. According to the U.S. Department of Labor, it is intended to cover wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits.

However, there is a workers’ comp time limit on filing your claim. The exact time will vary by state, but usually falls within 1-3 years after the injury or onset of illness. In California, you have one year from the date of injury to file for workers compensation, but the sooner you can file your claim the better.

How long after a work injury can I sue?

The statute of limitations for a personal injury lawsuit will vary depending on where you work. In the state of California, you have two years from the date of injury to file. Other factors may affect this as well, which is why it’s best to speak an employment injury lawyer as soon as possible if you have any questions about the statute of limitations on your case.

Suing your employer after an injury is also an option if you were injured as a result of their negligence. Workers’ compensation systems are set up as a “no fault system”, so when you file a claim, it is under the assumption that the injury was unavoidable, or not the result of anyone’s actions.

Can you sue after workers’ comp?

If a work injury could have been avoided, or was due to the negligence of another party, hiring a work injury lawyer is the best way to recover the appropriate amount of compensation for your injuries – and may still be possible even after filing for workers’ comp in certain cases. As past workplace accident stories show (particularly in the case of severe injuries), a significant personal injury settlement allows comprehensive financial coverage for damages suffered in the incident, such as lost wages and medical bills.  

Finding the Right Work Injury Lawyer for Your Case

If you’ve been injured at work due to the negligence of another, seeking the guidance of an experienced personal injury firm like Avrek Law is the first step toward receiving the compensation you deserve. Our team has more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, and has recovered more than $1 billion in compensation for victims in over 10,000 cases. We’re here to help – browse our locations or contact us for a free work injury consultation to learn more!

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