Legal Question in Workers Comp in California

if i have an accident and do not report it until 2 days later due to no pain, is my claim valid? I went to sit in my chair at my desk and teh chair shot out from under me.


Asked on 9/18/09, 10:55 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

If you are still in pain, you need to report the incident to your supervisor and seek medical treatment. If you have any further questions, call us at 213.388.7070 for a free consultation.

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Answered on 9/18/09, 2:33 pm
David Lupoff Law Offices of David B. Lupoff

So long as you reported your injury at the onset of your pain, that would be fine (2 days is a very short amount of time. If you believe that you can report pain one month later and be taken seriously by your employer, you�re dead wrong).

Since it sounds like you are at the embryonic stages of your claim, it would be a good idea to get a free consultation with my office in order to make sure that your claim gets off to a proper start. Below is an example of a disaster who recently signed up with my firm.

In 2004, the client had his hand chopped off by a punch press while at work. Shortly after the accident, he had his hand reattached, but now, 5 years later, his hand barely works. Additionally, he now has a host of other problems which stemmed from his work-related injury.

Up until one week ago when he retained my me as his attorney, he was unrepresented from day one. Due to the lack of legal representation, he was unaware that he had to file what is referred to as a "Serious & Willful." Additionally, any product defect civil lawsuit which could have been filed is out of the water since the statute of limitations had long past. Bottom line, he potentially lost millions of dollars in recovery because he decided to handle his own case for 5 years.

Obviously, the above is an extreme example, but those sort of events usually occur, of course, in much smaller doses, to your average case when the injured worker attempts to prosecute their own claim.

If you would like a free consultation, please feel free to contact my office at 1.877.505.INJURY.

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Answered on 9/18/09, 2:55 pm


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