Legal Question in Workers Comp in California
How long do you have to file claim
In oct. 2000 I fell down the latter on a ship going to the engine room. My supervisor saw what happen and reported to the safty person? On my way home I was hit from behind in aauto accident on the same day. I was taken to the hosptial and thinking all my pain was from accident my workmans comp claim was not file by my company? because i had surgery and everthing. I didnot know what to do. My new doctor just told me this should have been Workmans Comp.
1 Answer from Attorneys
Re: How long do you have to file claim
There are several criteria that can be used to toll the statute of limitations, which is one year from the date of the injury. However, from the discreption you gave, it sounds like you do not have a workers' compensation claim, but a claim under the long shoreman's act. Unfortunately, I am not familiar with it.
For a Comp claim, you can file within one year of the last date of medical treatment, one year from the date of injury, or until you have been provided all the notices and forms per Reynolds. I think you will need representation because the case already sounds complex.
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