A common question for employees injured at work is how long it takes to process a workers’ compensation claim. The length of a Santa Ana workers’ compensation claim could take anywhere from several weeks to several years. However, the process could take even longer in some situations, depending on the complexity of the case, length of time to get medical treatment, disputes over coverage, and other delays.
The uncertainty around the length of your claim can be stressful because of the major impact a workplace injury has on your health and finances. Knowledge of the factors that can influence the process’ length could empower you to proactively manage a claim. This information can also help you know when to seek professional guidance from a workers’ compensation attorney when delays and other issues arise in your case.
The timeline for a workers’ compensation claim in Santa Ana directly relates to the statutory requirements established under Labor Code § 5400 to 5413. They impose certain deadlines and other limitations around the timing of specific steps and subparts within the overall claim process.
The timing requirements generally begin on the date of the injury or, in the case of occupational disease, the date a person knew or should have known their employment was the cause of it. This is usually around the date of diagnosis. The following time constraints will apply to the workers’ compensation claim process and could extend or shorten its length, depending on when each step occurs:
Additional filing deadlines and timing requirements can also apply to the appeal or reconsideration of a workers’ compensation claim. For example, an employee or employer has 20 days from the date of a final order from the appeals board to submit a petition for reconsideration.
Two factors could be largely responsible for the delay in processing a workers’ compensation claim in Santa Ana. The first factor is a delay in completing a necessary step of the claim filing process. For example, an injured employee waits until the 29th day after suffering a work injury to report it to their employer and begin the claim process. The second factor that could lengthen a claim is the existence of a dispute about coverage that requires further appeals and medical evidence for support. This could be the case in a claim involving permanent disability or where industrial causation is at issue.
While filing deadlines exist to limit the length of a Santa Ana workers’ compensation claim, many issues could delay your receipt of benefits. Acting immediately after a workplace injury is the most proactive measure for managing the claim process and avoiding unnecessary delays. The guidance of an attorney can also be useful in disputed cases to manage upcoming appeal deadlines and search for possible resolutions. Schedule a consultation with our attorneys to discuss legal options after suffering an injury at work. Contact us today.
