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Statue of limitations in California
- Thread starter nc212
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Your site managers should have reported the injury to HR. You should just confirm that HR is aware of the incident. Usually you have to fill out a work injury document as soon as you are injured. This document is then turned in to the insurance company as well. It looks bad when you are injured and you wait so long to go to the doctor. They can always dispute your claim especially since a month has gone by and if it's not documented. You might have a difficult road ahead. Contact the local Work Comp Commission they can tell you what the SOL is and anything you might need to know. They are the best source.
P
PrincessJ714
Guest
California.
Generally you have ONE YEAR from the date the injury occurred to file a claim. For a cumulative trauma injury (i.e. carpal tunnel - you don't get that in one day), you generally have one year from the date you were first AWARE an injury had occurred. When you reported your injury to your supervisor, he or she should have given you a Claim Form (DWC-1) or gotten in touch with HR who should have given you one. However, if you did report your injury and they didn't give you a Claim Form, it isn't your fault and will probably not have an adverse effect on your claim. Did they send you to their industrial clinic??
Workers' Compensation attorneys do not charge fees up front to take a case - they get paid when and if you get paid. An attorney can get you an Award probably 10 - 15% above what you would get if you went ahead on your own and that's what their fee is - 15%. (12% if your case is filed at the San Diego Board). Go to the California State Bar website - http://www.calsb.org/ls/lscounty.htm - this will enable you pick a Certified Specialist in Workers' Compensation within the county you reside.
Generally you have ONE YEAR from the date the injury occurred to file a claim. For a cumulative trauma injury (i.e. carpal tunnel - you don't get that in one day), you generally have one year from the date you were first AWARE an injury had occurred. When you reported your injury to your supervisor, he or she should have given you a Claim Form (DWC-1) or gotten in touch with HR who should have given you one. However, if you did report your injury and they didn't give you a Claim Form, it isn't your fault and will probably not have an adverse effect on your claim. Did they send you to their industrial clinic??
Workers' Compensation attorneys do not charge fees up front to take a case - they get paid when and if you get paid. An attorney can get you an Award probably 10 - 15% above what you would get if you went ahead on your own and that's what their fee is - 15%. (12% if your case is filed at the San Diego Board). Go to the California State Bar website - http://www.calsb.org/ls/lscounty.htm - this will enable you pick a Certified Specialist in Workers' Compensation within the county you reside.