Why Does the Statute of Limitations Exist for Riverside Workers’ Comp Claims?
If you’re in the process of navigating a workers’ comp claim in Riverside, you may have heard something about the “statute of limitations.” What exactly does this phrase mean, and how can it affect your claim? While this concept might sound complicated, it is actually quite straightforward.
Complex concepts may be easier to understand if you work with an experienced Riverside workers’ compensation lawyer. Scot Moga has established a workers’ comp law firm in Riverside, and he has spent over a quarter-century helping injured employees like you. If you’re experiencing any issues with your claim due to the statute of limitations, consider a consultation with this workers’ compensation attorney in Riverside.
What Is the Statute of Limitations?
The statute of limitations is simply a time limit. When that time limit expires, you no longer have the right to take legal action. There are different statutes of limitations for different legal cases. For example, the statute of limitations for fraud is three years in California. This means that once three years pass after the fraud is discovered, it is impossible to press charges.
The statute of limitations for workers’ compensation claims in California is one year. This means that once you become aware of your own workplace injuries, you have just one year to file your claim. If you wait too long, you lose the right to receive workers’ compensation.
Why Does the Statute of Limitations Exist?
The statute of limitations exists for several reasons. First, it limits the amount of backlog courts in California have to deal with. By setting a cut-off date, courts can exclude thousands of legal cases that took too long to proceed. Courts in California are struggling with serious backlogs.
In addition, the statute of limitations helps ensure fairness by excluding evidence that is outdated or unreliable. If you ask a witness to recall what happened on the day of your accident, their memory might be crystal-clear within the first few weeks. Wait a few months, and they might start to forget certain details. Wait a few years, and they might start remembering things that did not actually happen.
This logic also applies to documents and files, which may become lost, damaged, or corrupted over time. Generally speaking, evidence is most reliable if you present it as soon as possible.
The Statute of Limitations in Workers’ Comp Cases Is Misleading
Officially, you have a whole year to file your claim after a workplace accident. In reality, however, you only have 30 days to take action. This is because you must report your injury to your employer within 30 days of your accident. If you fail to meet this deadline, you could also lose the right to receive compensation.
Can a Workers’ Compensation Law Firm in Riverdale Help Me?
Although the statute of limitations can potentially prevent you from filing a workers’ comp claim, do not dismiss this opportunity just because a certain amount of time has passed. An experienced workers’ compensation lawyer in Riverdale can help you determine whether you still have time to move forward with your claim. Scot Moga would be happy to continue this conversation in more detail. To reach our experienced workers’ compensation attorney in Upland, dial 909-931-2444 today.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
