Legal Question in Workers Comp in California

Can a company file a Worker's Comp. Claim even though I refused it and didn't want to file one? If they can't, what should I tell them?

Asked on 9/14/13, 12:26 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

The employer CAN and SHOULD notify their insurance carrier that an employer sustained an industrial injury.

The employer MAY file an application about the injury with the Workers Compensation Appeals Board, but this is rare because it results in the employer paying attorneys fees above and beyond the disability payments at the conclusion of the claim (if an attorney is hired by the worker).

If you elect not to accept any of the benefits, you can either ignore all the notices sent by the insurance carrier, or provide written refusal of all benefits. Unless and until you are absolutely positively certain you'll never, ever require any exam or care or doctor's notes or any kind following the incident, you'd be an idiot to reject all benefits in writing.

Read more
Answered on 9/14/13, 4:05 pm

Related Questions & Answers

More Workers' Compensation Law questions and answers in California