Legal Question in Workers Comp in California

Re: Long term back problems

Yes you can. However, you have to report your claim to your supervisors ASAP and before your retirement. It would be even better if you seek medical treatment before your retirement. I highly recommend that you hire a worker's compensation attorney to guide you through the process. Please call us at 213.388.7070 for a free consultation.

Re: Long term back problems

1). In order to prevent a post termination filing, you should file before you retire.

2) Labor Code Section 5412 states that the proper time to file a claim is when you knew, or should have known, that your injury was work related. Your back has been bothering your for years. Every day that you delay filing adds to a Statute of Limitations defese. Therefore, you should file an application immediately and seek medical treatment.

Re: Long term back problems

With the information that you provided, it sounds like you suffered a cumulative trauma injury, one that takes place over the course of time.

The biggest problem with your case is that you have not given your employer any notice (This is an assumption based upon my read of your facts.) of your injury during the time period you worked. Therefore, there are going to be credibility issues and chances are, they are going to deny your case. If you file after you retire, then you can get wiped out with a post-termination defense.

As such, without hiring counsel, you could get wiped out. If you would like a free consultation, please feel free to contact my office.