Legal Question in Workers Comp in California
At the current moment I am going through my SSDI claim, however I filed a workers comp claim also about a 1 1/2 months ago. With my declining health, living and trying to care with my elderly father and working with SSDI, it's too much on my nerves and time to try to deal with one more thing so I dismissed my workers comp lawyer and sent in the forms for dismissal to the courts and workers comp ins. BUT the papers from my lawyer had already been submitted so workers comp said they have to go through the process of opening my claim, investigate it and then close it, due process. The accident I claimed for was back in 2008 but filed this year 2013. I found out that my employer never filed an accident report. I had two employees who came to me after I feel, didn't see me fall but saw me on the ground and came to me. One was a supervisor the other an employee. Though a claim was never filed back then, the two employees later that day viewed my fall to the ground. My question is, since theres no report and it's been almost 5 years, what if the witnesses vaguely recall the accident and if the video is no long available after 5 years, where does that leave me in the investigation? I do have current x-rays to show damage is my cervical spine from the fall years ago.
1 Answer from Attorneys
Depending on the physical demands of your job and length of employment, you may be able to file a continuos trauma (CT) claim in addition to the injury your described in your question. From what you said, my educated guess is that the carrier will deny your case and you have to litigate it. Talk to your attorney and ask him whether he has filed a T claim for you.
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