Workers’ Compensation and Injury Claim Timelines
An injury at work can raise a workers’ compensation claim and, if a separate person or business may be responsible, a possible civil injury claim. These are different systems with different forms, benefits and timing rules. Report the work injury and obtain the DWC-1 process promptly; investigate any third-party issue without assuming one filing starts or preserves the other. Review reimbursement questions before resolving either track.
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Raffi Naljian
Founder, Civil Litigation, Personal Injury & Criminal Defense Attorney
Raffi Garabed Naljian is the founder of Naljian Law Offices and an active California attorney under State Bar #238919. A Los Angeles Times profile says he founded the firm in 2008 after beginning his legal career in 1997, and the State Bar lists personal injury, litigation, criminal law, and business law among his self-reported practice areas.
View Raffi Naljian's full verified profilePrimary identity record
Learn more about Raffi Naljian
This is a focused supporting page. Use Raffi Naljian's full sourced attorney profile as the primary identity record for biography, role, languages, office information, and public-record links. Review that profile alongside the issue-specific preparation and public sources below.
The State Bar record lists Raffi Garabed Naljian as an active California attorney, State Bar #238919. Hurt Advice is a separate referral and legal information service, not the attorney's law firm.
How to Evaluate Attorney Fit for This Issue
The first decision is whether the records show only an employment-related benefit claim or also a fact-supported claim against someone other than the employer. California Labor Code section 3852 preserves a third-party action in appropriate circumstances, but it does not establish negligence or make every work injury a civil lawsuit. Ask who is handling each track and how benefit payments could affect a settlement.
Consultation worksheet
Two-track work injury decision worksheet
Keep one row for each system. A shared injury date does not make the forms, parties, benefits or deadlines interchangeable.
There is no submit or save action. Copy your notes before leaving this page.
When was the injury reported, to whom, and where are the DWC-1 form and delivery proof?
What treatment or payment decision has been issued, and what is the next administrator response or dispute step?
Which person or business other than the employer may be involved, and what evidence supports or contradicts that lead?
Which workers’ compensation and civil filing questions have been checked individually, and by whom?
Which paid benefits, reimbursement rights or agreement terms need review before either claim is resolved?
Sources for this guide
- California DWC: Injured worker information
Official overview of reporting, workers’ compensation benefits and limits of those benefits.
- California DWC: File a claim
Official DWC-1 claim-form and claim-administration guidance.
- California Labor Code section 3852
Primary statute on an employee’s possible action against a person other than the employer and employer recovery rights.
- California Labor Code section 5405
Primary workers’ compensation commencement rule with different event-based triggers.
- California Courts: Personal injury lawsuits
Court overview acknowledging that an on-the-job injury can sometimes support a separate civil claim.
What to Do Next
- 1Notify the employer of the work injury and request or complete the workers’ compensation claim form under DWC guidance.
- 2Track claim administration, treatment authorization, benefit notices and any workers’ compensation dispute separately.
- 3Identify a possible non-employer actor and preserve the incident evidence; review whether a civil claim actually exists and its own deadline.
- 4Before either settlement, obtain the proposed terms and ask how reimbursement, credits or recovery rights may affect the other track.
Evidence Checklist
- Employer injury notice, DWC-1 claim form and proof of delivery
- Workers’ compensation administrator letters, treatment decisions and benefit payments
- Incident photos, witnesses, equipment or site records identifying any non-employer actor
- Separate legal calendars and written reimbursement or settlement terms for each track
Keep your unanswered questions handy when comparing the attorney’s public profile with your needs.
Common Mistakes to Avoid
- Assuming the DWC-1 form files a civil lawsuit
- Treating the general civil personal-injury period as the workers’ compensation filing rule
- Assuming a third-party defendant exists solely because the injury happened at work
- Settling one track without checking its effect on benefits or a possible reimbursement claim
How the Process Typically Works
Work-injury notice
Report the injury and obtain the employer’s claim-form process promptly; retain dated proof.
Benefits administration
Track treatment and benefit notices, decisions and dispute instructions under the workers’ compensation system.
Possible third-party action
Separately investigate a non-employer’s role and the civil notice or filing rules that may apply.
Coordinated resolution
Review the actual agreement and reimbursement questions in each track before signing or dismissing anything.
Frequently Asked Questions
Does workers’ compensation cover pain and suffering?
California DWC describes medical and certain wage or disability benefits, and says workers’ compensation does not pay pain and suffering. A separate civil claim depends on a legally responsible third party and its facts.
Does a DWC-1 preserve a third-party lawsuit?
Do not assume it does. The claim form starts the workers’ compensation process; a civil action against a possible non-employer has its own parties and timing analysis.
Is the workers’ compensation filing period always one year from the accident?
No blanket calculation is safe. Labor Code section 5405 measures the period from different events in specified situations. Review the actual injury and benefit history promptly.
Use the attorney’s public background as a starting point for a direct conversation about fit.
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