Legal Question in Workers Comp in California

I didnt file a claim, is it too late?

I worked as a district ops manager for my company so I was required to drive from branch to branch. About 6 months ago I was in a serious car accident which resulted in my left arm being broken. This accident was my fault. My company did report a claim to the workers comp insurance but because I was fearful the company would frown against me collecting workers comp, I choose to handle through my company paid insurance. Since the accident, I was in a cast for 5 months and finally had surgery about 4 weeks ago. My doctor has informed me by placing metal in my arm, I am prone to have pain in my arm basically for the rest of my life.

I was laid off a couple weeks ago which now has put me in a position in which I no longer have the medical insurance the company provided me and still have to recover from this injury. I did ask for my insurance to be extended for 6 months or so but it was denied. Can I still file workers comp? I do believe because I never spoke to a claim adjustor on the original claim that was filed by my company it was automatically denied. I feel that because of my injury the last 6 months, I was unable to be as productive as I usually am...considering I had a cast a majority of the time.


Asked on 12/14/08, 2:30 pm

3 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: I didnt file a claim, is it too late?

If you are located in Orange, San Diego or Imperial counties,you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 12/24/08, 1:43 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: I didnt file a claim, is it too late?

You can file a claim, but your credibility as a witness is gone because you did not file the application before you were terminated and did not properly file a DWC-1 at the time of the accident.

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Answered on 12/23/08, 6:52 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: I didnt file a claim, is it too late?

You can still file a claim and WCAB application against your employer. We are experienced worker's compensation attorneys. Please call us at 213.388.7070 for a free consultation.

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Answered on 12/22/08, 5:49 pm


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