Legal Question in Workers Comp in California
I have been laid off. Right before I was laid off I was going to go to the doctor for a lump on my left hand - I think it might be carpal tunnel related. But company laid me off - I had never reported it. I need to see a doctor but now I do not have medical. Can I still make a claim with the company? Can I have their doctor look at my hand and/or file a workmans comp claim after being laid off?
2 Answers from Attorneys
Post termination filing is a defense. Failure to report your injury prior to your termination makes your claim up-hill, and unless a doctor states in his report that your injury is industrially related I wouldn't bother filing a workers' comp claim.
Just because you have some sort of injury, and you are uninsured, it would be fraud to claim your injury is industrial when it is not.
Good luck
If you worked for your employer for a long time and depending on you job it is very likely to sustain the type of injury you are claiming such as carpal tunnel, then you may have a chance. Feel free to call us at 213.388.7070 for a free consultation.
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