Legal Question in Workers Comp in California

If the injury occured over five months ago but was not properly reported at that time because employee didn't think it was a big deal, but was mentioned to a co-worker will it still be an accepted injury or will their have to be an investigation?


Asked on 10/19/09, 11:23 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Your question is too vague. If it was a clear, sudden, traumatic linjury such as falling down a floor, being pinned by a truck--then the statement of the co-employee should be enough. But if you bent down and said "o my back" and had no non-minor symtoms for two months and then a lot of pain, the claim will likely be rejected. In WC, most "investligations" are asking Dr.s to examine the person and give an opinion if it is work related or not. .

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Answered on 10/19/09, 11:38 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to report your injury to your employer in a timely manner. If you discovered after 5 months that your injury is more serious than a minor injury, you may still report your injury to your employer even after 5 months and complaining to a co-worker is one form of reporting. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/20/09, 2:12 am
David Lupoff Law Offices of David B. Lupoff

So long as the injury is reported prior to a termination, the claim for workers' compensation may still be accepted. If you would like a free consultation, please feel free to contact my office at 1.877.505.INJURY.

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Answered on 10/20/09, 12:27 pm


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