How Long Do You Have to File a Construction Accident Claim in California?

In California, the deadline to file a construction accident claim depends on the type of claim you are pursuing. Workers' compensation claims must be filed with your employer within 30 days of the injury, and a formal workers' comp application must be filed within one year. Civil lawsuits against third parties, such as a general contractor or equipment manufacturer, must be filed within two years of the date of injury under California Code of Civil Procedure Section 335.1.

What Is the Deadline to Report a Construction Injury to Your Employer?

Reporting your injury to your employer quickly is the first and most time-sensitive step in any California construction accident claim, because delay can complicate both your workers' comp case and any related civil lawsuit.

• California Labor Code Section 5400 requires you to report your injury to your employer within 30 days to preserve workers' comp eligibility
• Failure to report within 30 days does not automatically bar your claim, but it gives the insurer grounds to dispute that the injury occurred at work
• Report in writing, keep a copy, and document who you reported to and when
• Many construction employers have a designated safety officer who must receive injury reports under OSHA requirements

How Long Do You Have to File a Formal Workers' Compensation Claim?

After reporting the injury, you must file a formal Application for Adjudication of Claim with the California Workers' Compensation Appeals Board within the statutory period to preserve your right to benefits.

• California Labor Code Section 5405 gives injured workers one year from the date of injury to file a formal workers' comp claim
• The one-year period can be extended in cases of occupational disease or cumulative trauma where the injury developed gradually
• Missing the workers' comp filing deadline can permanently bar medical treatment coverage and disability payments
• An attorney should be consulted immediately if you believe you are approaching the one-year limit without having filed

What Is the Deadline to File a Third-Party Civil Lawsuit After a Construction Accident?

A third-party lawsuit against anyone other than your direct employer, such as the general contractor, a subcontractor, or an equipment manufacturer, must be filed within the general personal injury statute of limitations.

• California Code of Civil Procedure Section 335.1 provides two years from the date of injury to file a third-party personal injury lawsuit
• The two-year period begins on the date of the accident, not the date you first experience symptoms or receive a diagnosis
• Claims against government entities, such as a public construction authority, require a government tort claim filed within six months of the injury
• Product liability claims against defective equipment manufacturers are also subject to the two-year personal injury limitations period in most cases

Can the Filing Deadline Be Extended After a California Construction Accident?

Several legal doctrines can toll or extend the statute of limitations in construction accident cases, but they apply narrowly and should not be relied upon as a substitute for filing on time.

• Minors injured on a construction site have two years from their 18th birthday to file a civil lawsuit
• Mental incapacity caused by the injury can toll the civil limitations period for the duration of the incapacity
• The discovery rule may apply if you could not reasonably have known about an occupational injury or disease within the standard period
• Fraudulent concealment of a defect or hazard by the responsible party can toll the limitations period

Construction accident deadlines are strict, and missing any one of them can permanently eliminate a significant portion of your recovery. The construction accident attorneys at Avian Law Group act quickly to protect every claim deadline for injured workers throughout California, Arizona, and Nevada. Contact us for a free consultation today.

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