Labor Code Section 5406 requires that a death claim must be filed within 240 weeks from the date of injury.
Medical Malpractice Statute.
Code of Civil Procedure Section 340.5 provides that “In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”
In Regards To Reynolds Notice
Where the employer has been notified of applicant’s industrial injury, the defendant’s are required to send applicant adequate notice of the time within which he or she has to file an application for Adjudication to toll the statute of limitations. Until the notice is sent, the defendants are unable to rely on the statute to defend against the claim.
The statute of limitations for a compensable consequence injury relates back to the statute of limitations for the original injury. If the original injury is timely filed, then any injuries which thereafter occur as a consequence of the original injury or injuries are within the statute.
In Regards To The Statute Of Limitations Cumulative Trauma Injury
Date of injury in cases of cumulative trauma injuries is date on which employee first suffered disability and knew, or should have known, that such disability was caused by employment. Statute of limitations is one year thereafter.
Welcome to the California Workers Compensation blog. My name is Brent M. Thompson.I will be posting information regularly related to workmans compensation law and specifically targeting the field that I practice in – California Workers Compensation law. I have been practicing law for over 35 years and have represented thousands of injured workers who have suffered from on the job injuries. I have an impeccable record of successful claims and have settled significant cases for clients through Compromise and Release, Stipulations and Structured Settlements. Click Here for the latest information on Recent Case Decisions and Awards.
Throughout the years the Workers Compensation System has changed. Through this blog, I will address these changes in an effort to keep you up to date on the most recent reforms being made to the California Workers Compensation System.