Legal Question in Workers Comp in California

Pursuing a workers' compensation claim against a former employer

Under this scenario you may pursue the claim because your former employer had notice of your injury in the way of medical records. In California, the law states that in order for an injured worker to pursue a claim after leaving employment, the employer must have had notice of the injury. Notice may come in several ways. The employer may have had actual notice of the injury by a supervisor having witnessed the accident. Actual notice will also exist if you filed a claim form prior to being terminated. Additionally, an employer is said to have constructive notice if medical records of the injury exist prior to the termination even if no actual injury report was made.