Legal Question in Workers Comp in California

If I am injured on the job but do not realize it, get laid off the day of the injury, then ten days later when my elbow fills with fluid realize that I was in fact injured OTJ, but since I was laid off and the symptoms did not show for ten days, I did not report it to my foreman. I have since informed him of the injury, but it was two and a half months later. He says I have nothing coming because he cannot verify the injury happened OTJ. Do I have a claim? What do I do? Thanks!


Asked on 9/28/10, 1:59 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

The Labor Code provides a statute of limitations for post termination filings except in the case of a cumulative trauma. You should seek representation. You will need evidence, besides your testimony, that an injury happened in the scope and course of your employment, otherwise you may be barred from receiving benefits.

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Answered on 10/03/10, 3:09 pm


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