There are some critical protections that employees are provided through the workers’ compensation system. Almost all of California’s employers, even those with just a single employee, are required to carry workers’ comp insurance to ensure that the costs of their injuries are covered. If there is a workers’ comp issue, employers need to keep records, but how long do you have to keep workers’ comp records in California?
How Long Workers’ Comp Records Must Be Kept
Under California law, employers are required to maintain records related to workers’ compensation claims for a minimum of five years. These records are required to be kept for a few different reasons. One of them is for the purposes of possibly being audited. Government agencies may choose to audit a business to see if they are adhering to the law regarding workers’ comp or if there are potential violations. Not having the records available to audit can be a serious issue.
Another reason that they are required to be kept is if there are any issues related to the claims themselves that need to be addressed. It’s possible that there may be disputes or even claims that take years to resolve that could require records being held onto for a significant period of time.
The requirement could also work to the employer’s advantage, as it provides data that can be helpful in analyzing. They may be able to recognize potential patterns in the injuries and take steps to mitigate the possibility of future injuries.
Documentation related to workers’ compensation issues can take several different forms, and there are a variety of types that employers should hold onto for the five-year minimum, including:
- Incident Reports. These reports often describe what incident led to the injury. If there were witnesses to the incident, their statements are often included as well.
- Medical Documentation. Information regarding the diagnosis of the injury is important to have, as well as a record of any treatment plans for the injury, how the recovery progressed, and a doctor’s thoughts on ongoing care if necessary.
- Forms. Claim forms that are submitted to the insurance agency, as well as those that are filed with regulators, will need to be kept.
- Payment Information. What compensation was paid out for medical expenses, wage replacement, and other costs will need to be available.
- Correspondence. Any records of communication regarding the claim can also be critical to maintain, particularly when there is legal action related to the injury.
FAQs
Q: What Is the 5-Year Rule for Workers’ Comp?
A: The 5-year rule for workers’ comp refers to the requirement for employers to keep any records and documentation for at least five years. This means that the files will be available in case an employer audit is performed regarding their compliance with workers’ compensation laws. If there are any disputes, this ensures that the file will be accessible if necessary. The records that they are required to keep include those related to the accident, diagnosis, compensation, and more.
Q: When Does a Workers’ Comp Claim Need to Be Filed?
A: Generally, a workers’ comp claim will need to be filed one year from the time of the incident causing the injury. However, it’s important to realize that there is a more urgent deadline that must be met first.
You are generally required to notify your employer of any injury within thirty days of that injury occurring. This allows your employer the opportunity to begin the process of filing a claim with their workers’ comp insurance provider. Once you know their decision, you will then have some idea of whether or not filing a complaint with the authorities is necessary.
Q: Is a Lawyer Necessary When Filing for Workers’ Comp?
A: While a lawyer is not necessary when filing for workers’ comp under any rule or regulation, it could be necessary from a practical sense. Filing for workers’ comp can be complicated, require lots of paperwork, and be challenging to navigate for the unfamiliar. An experienced lawyer will understand the process and be able to ensure that things are done in a timely and proper manner, which is crucial to avoiding any unnecessary delays or possibly even having the claim rejected.
Q: Does Every Employer Need to Have Workers’ Comp Insurance?
A: Almost every employer in the state will need to have workers’ comp insurance. California has very few exceptions to the requirement to carry workers’ comp, so it is highly likely that your employer is required to have a policy. Even employers with just a single employee are expected to have coverage protecting that employee. Employers who fail to have the coverage that they are required to could face significant penalties and are still responsible for the costs of any injury that an employee might suffer.
Workers’ Comp Can Be Complicated, But We Can Help
If you need workers’ comp, it can be frustrating if there are challenges to your claim or if it’s been denied. Fortunately, for those who aren’t receiving the workers’ compensation that they believe they are owed, the process of filing a claim with the DIR’s Division of Workers’ Compensation can be a means of seeking restitution for what they are owed.
Filing a claim through the DWC carries its own set of challenges as well. The process is naturally slow and can be subject to delays, but the problems can be added to by errors in paperwork and procedure. This could even lead to a claim being rejected. The importance of following the steps to file properly, along with working with opposing lawyers, is why it’s critical that those seeking workers’ compensation work contact an experienced lawyer.
When you work with the Diefer Law Group for your workers’ comp concerns, you have a team backing you that has spent the last two decades fighting to ensure that workers’ rights are respected and that injured workers receive what’s legally owed to them. Whether your case can be resolved through a settlement or if it’s necessary to take the path of litigation, we are prepared to make the strongest case we can. Contact us today to discuss your workers’ comp situation.
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