Legal Question in Workers Comp in California

I was hurt on my previous job they let everyone go before I had a chance to report it. Can I still get compensation for getting hurt?


Asked on 5/03/13, 9:56 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Yes. There are different ways of reporting such as going to your own doctor right after your injuries or having witnesses. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 5/03/13, 3:12 pm
Nancy Wallace Nancy Wallace Atty at Law

Post-separation Claims -- claims reduced to writing AFTER termination -- are NON-COMPENSABLE.

Exceptions include reporting the injury AS A WORK INJURY to a doctor PRIOR TO the termination date... requiring you have chart notes in a doctor's file making crystal clear you and the doctor knew this was a work injury and you are not reporting it quite yet.

Another exception could be co-workers seeing you discuss the injury with a supervisor as a work injury...this requires these people being believed at a trial. Most co-workers say 'i dont remember' at trial.

But, generally, claims submitted in writing AFTER a layoff are denied and found at trial to be non-compensable.

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Answered on 5/06/13, 9:49 am


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