Are there any exceptions to the statute of limitations on workers' compensation claims?

Yes, there are a few limited exceptions to the statute of limitations on workers’ compensation claims in California. The most common exception is for when an injured worker has been unable to discover their work-related injury or condition within the given timeframe to file a claim. Under this exception, the statute of limitations is extended to a year after the worker discovers the injury or condition and all reasonable care was taken to discover the injury. Another exception is in cases of fraudulent concealment by the employer of the work-related injury. This exception applies when an employee’s injury or condition has been concealed from them by their employer, and it extends the statute of limitations to one year after the employee discovers, or could have discovered, the injury had they not been fraudulently concealed. Third, an exception exists for minors under the age of 18, who have a three-year statute of limitations period once they become of majority age. The minor’s parent or guardian may file a claim on their behalf at any time before the minor’s 18th birthday or within one year of the minor’s 18th birthday, whichever comes first. Lastly, there is an exception for those workers who have become mentally disabled or suffering from a medical condition that has prevented them from filing a claim. In these cases, the statute of limitations period is Paused until their mental disability or medical condition has been cured, and shall resume one year after the cure.

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