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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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What is the statutory citation for the

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What is the statutory citation for the statute of limitations for filing a workers compensation? What starts the statute of limitations for "bad faith" against an insurance claims service like Chubb? and what is that statute's citation? Thank you Rich xxxxxxx

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Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

In CA, a First Report of Injury must be filed within one year of the incident in order to have a valid workers' compensation claim.

Claims for Insurance Bad Faith have a two-year statute of limitations for such claims under California Code of Civil Procedure §339 (1).

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Customer: replied 4 years ago.

Is a first report of injury the same as filing with the W.C. Bureau for a disputed claim? W

What is the Statuteory Citation that says when a claim for compensation benefits for a work related injury must be filed?


Here in Michigan, an employee files a notice of injury, the employer then files a form with the state of the injury. No need to dispute the claim until the employer opposes paying workman's compensation benefits. At that point, the employee files a claim with the W.C. Bureau.


Thank you.

Rich xxxxxxx

Good afternoon,

As your question was posted in CA Employment Law category---I presumed that when no other state was mentioned, that you wanted CA law.

Are you looking for California law, or Michigan law?


Customer: replied 4 years ago.

CA law, please; I was just telling you Michigan's procedure to illustrate my question.


Hi Rich,

The particular statute is CA Labor Code §5405, which states in pertinent part:
The period within which proceedings may be commenced for the collection of the benefits provided by Article 2 (commencing with Section 4600) or Article 3 (commencing with Section 4650), or both, of Chapter 2 of Part 2 is one year from any of the following: (a) The date of injury. (b) The expiration of any period covered by payment under Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. (c) The last date on which any benefits provided for in Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 were furnished.

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LawTalk, Attorney
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