Legal Question in Workers Comp in California
About a month and a half ago I got hit by side airbag deployment and twisted my arm and shoulder. I filled out a report at work but never saw a dr. I have been waiting for the thobbing to go away. sometimes its ok and other times i cannot sleep. Is it too late to be seen from a Dr. under the workmens comp. for this injury?
4 Answers from Attorneys
No, but they may question the cause of your injury.
No. Under the labor code you have one year from the date of injury to file a claim. Further, if you receive medical treatment the statute is tolled, or if the employer did not properly present you with the claim forms the statute is tolled.
You may still demand medical treatment through your employer's worker's compensation carrier and if your employer declined your request you can go to your doctor. Feel free to call us at 213.388.7070 for a free consultation.
No, it is not too late. But given your question, which lacks adequate facts for me to give you a more complete answer, you might also have a third party claim.
I would ask that you contact me at 1.877.505.INJURY in order to set up a free consultation.
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How long after my injury must my employer accomadate me back to work? Asked 12/07/09, 4:10 pm in United States California Workers' Compensation Law
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