Legal Question in Workers Comp in California
Filing WC Claim After Dismissal from employer
Can a employee file a WC claim after they leave a company? I was injurd on the job and a week after leaving found I had a shoulder injury substained while on the job.
Will the employer be required to pay or deny?
2 Answers from Attorneys
Re: Filing WC Claim After Dismissal from employer
yes, but you should seek an attorney because the employer has a statutory defense of a post termination filing. However, if there are medical records indicating an injury before you left, you may have no problem.
file anyway to protect your rights.
Re: Filing WC Claim After Dismissal from employer
You should file a claim and WCAB application and if the claim is denied you need to go to a AOE/COE hearing to prove that your case is not a post-termination case. You need an experienced worker's compensation attorney to represent you., call us at 213.388.7070 for a free consultation.
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