Legal Question in Workers Comp in California

can I claim for workers comp even if I am not working for them for 2 months?

will workers comp pay my medical bill if I go to the doctor.

I never went to the doctor, but my supervisor knew about my accident

Asked on 4/24/13, 1:12 am

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Post-termination workers comp claims are non-compensable.

IF YOU PUT notice of the work injury in writing to either the employer, the comp insurer or a physician -- the writing MUST specify the relationship to the job, not just that you had some pain or an injury -- then you can proceed to demand treatment even after you are let go.

If you never put anything in writing about having an injury requiring treatment as a result of your job, then you left that job, it's too late (mostly).

If you can produce a doctor's chart note detailing this is a work injury but you are not reporting it as a work injury right away, that can be an exception.

CAN YOU PROVE your supervisor knew you were actually hurt? I know my staff has accidents all day long, but none require treatment. They stumble on the rug, they stab themselves with the letter opener, they drop a soda on their foot... and they fully recover an hour later with no disability. WHAT CAN YOU PROVE YOUR SUPERVISOR ACTUALLY KNEW???

It's nearly impossible to prove what is in another individual's mind without their written statement about when they knew.

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Answered on 4/25/13, 10:20 am

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