Length of a Fresno Workers’ Compensation Claim

California law protects employees in Fresno who experience a workplace injury through the state’s workers’ compensation insurance system. You can receive payment for your work-related injuries to cover medical expenses, missed wages, and other costs resulting from an industrial incident by filing a claim through your employer. While rules exist to standardize this process, the precise length of your Fresno workers’ compensation claim can vary depending on the needs of your case. You can learn more about this process and the important factors that could impact the timeline for processing a claim from our workers’ compensation attorneys.

The Deadline to Start a Claim

Workers in Fresno and other parts of California have a limited amount of time to notify their employer about a work injury and to file a related claim for workers’ compensation. A worker is supposed to provide a signed written report of their injury within 30 days of its occurrence. After providing notice to the employer, an injured worker can start a claim for workers’ compensation benefits within one year of the date of injury under Labor Code § 5405.

How Long It Could Take to Complete a Claim

Once started, a Fresno workers’ compensation claim can take anywhere from several weeks to years, depending on the complexity and level of dispute and the length of time it takes to receive medical treatment. An employer or their claim adjuster generally has 90 days to accept or reject the claim after conducting its own investigation into the nature and cause of the injury under the requirements of Labor Code § 5402. This initial phase of the claim process often involves medical evaluation from a Qualified Medical Examiner and other exchanges of information with the employer or their adjuster.

If rejected, injured workers can pursue appeals for their claims through the Workers’ Compensation Appeals Board (WCAB) by filing a application for adjuication of claim.

If the injured worker is unable to prevail in a trial before a judge, appeals can be filed.

Call an Attorney to Understand the Length of a Fresno Workers’ Compensation Claim

Most delays that affect the length of a Fresno workers’ compensation claim are caused by disputes between the employer and employee about key issues in the case.

When the facts of the case increase the potential for dispute from the employer, it could be important to have an attorney review the claim. The purpose of this review is to confirm the employer is paying compensation at the proper amount and rate considering the nature of the injury and its cause. Meet with an attorney today to discuss your case and avoid additional delays.