Legal Question in Workers Comp in California

I worked for a subcontracting company in 2005. I fell at work and fractured my back. They took me to urgent care and then had me go home. My supervisor contacted me and told me that I would still be paid a check for my time in recovery, they then offered me a desk job with a salary pay. After a year they laid me off. I collected unemployment and was asked if i was on workers comp since I was never released from the doctors so I called the company to get my workers comp claim and they told me they never filed one and then they never returned my calls or emails. I didn't know what to do so I moved on but now my back is giving me problems and I am in pain and have no insurance is there anything i can do?


Asked on 12/22/09, 5:32 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

File an employee's first report of work injury with the company and their insurer, along with a letter demanding immediate medical treatment telling them why you now need it. Then hire a Workers' Comp. attorney and have him file the formal application for adjudgastication, investigate for penalties for delay in teatment, etc.

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Answered on 12/27/09, 8:18 pm
David Lupoff Law Offices of David B. Lupoff

I would see an applicant's attorney right away because filing anything with the insurance company on your own could be harmful to your case. Depending on where you live, please feel free to contact me for a free consultation at a1.877.505.INJURY.

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Answered on 12/28/09, 10:52 am


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