Legal Question in Workers Comp in California

as an employee injured at work do i have to file a workmens comp. claim? or can i refuse to.

Asked on 9/27/13, 2:01 pm

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2 Answers from Attorneys


You do not have to file any claim if you do not want to. However, your employer has an obligation to provide medical treatment to you and may insist that you obtain clearance from a doctor before you return to work. So, all you have to do is to tell your doctor that you are ok to go back to work, and forget about the claim. But, remember, any decision you make now may come to hunt you in the future. My suggestion, have an evaluation with a physician and let him/her tell you that you are ok to return back to work.

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Answered on 9/27/13, 2:09 pm


I highly recommend that you do file a claim since later if you have a re-injury or a flare-up then you have a documentation that you did report an injury and made a claim and if you get fired from your job you have a proof that yout claim is not post-termination as most employer claim. Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 9/29/13, 8:46 pm

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