What is an Application for Adjudication? How long do I have to file an Application?

work-injury-san-diego

An injured worker may file an Application for Adjudication with the local Workers’ Compensation Appeals Board (WCAB) so that any outstanding issues from a workers' compensation claim may be presented to an Administrative Law Judge. An employee may file an Application for Adjudication in either the county where he/she lives, the county where he/she was injured, or the county where the attorney is located.

Filing the Application establishes the jurisdiction, or authority, of the WCAB, which allows the court access to all relevant information regarding the injured workers’ claim of injury, the parties involved and any corresponding issues that cannot be resolved between the insurance carrier and injured worker. Once the Application is filed, the injured worker is able to get in front of a judge who can hear the issues between the parties.

Generally, an injured worker has one year from the date of injury to file an Application for Adjudication regarding their workers’ compensation claim at the local WCAB office. This "statute of limitation," or time limit for which a claim may be brought with the court, is dependent on a few things, including if the employer was notified about the injury. If you are hurt at work and do not inform your employer and still wish to pursue the injury at the WCAB, this time limit is applied strictly and the Application would need to be filed within one year.

If the injury has been reported and the insurance carrier has provided workers’ compensation benefits, the one year statute for filing an Application would start accruing on the date of last benefits provided to the injured worker.

Attorneys Gerald Brody and Matthew Russell have years of experience navigating the workers' compensation system and getting their clients the benefits they're entitled to. Call (619) 528-9800 for a FREE consultation with a lawyer today.