Legal Question in Workers Comp in California

Re: Deadline for filing.

As your friends employer was aware that the injury was work related a claim form should have been provided at the time of injury and the failure to do so is a direct violation of the Labor Code. It is unfortunate that your friend decided to not let the hospital know that the injury was due to work. However, the claim can still be filed but will more likely than not need to be fought due to the fact that the claim was not filed prior to termination and the treatment received was stated to be due to an injury that must have been stated by your friend to be due to some other cause.

However if your friend is still suffering from the injury then the claim really should be filed. Even claims that must be fought can be won so the fact that the claim must be likely fought should not be the consideration to foreclose going forward.

Your friend has already made a few mistakes in trying to please those who clearly cared nothing for him or her at his or her expense. Failing to file a claim still will just be a continuation of this.

But further delays in filing the claim will only serve to further prejudice the claim. So if there is any thought to move forward do so expediently and delay no longer.