Legal Question in Workers Comp in California
I was served with a workers comp case from 2007 that I belived was dropped and its only giving me 6 days to file a response is that legal? Our company is getting sued by the way.
1 Answer from Attorneys
Yes, it is 'legal' to ask that the employer answer the Workers Compensation Claim Form.
An employer has 90 days from the initial notice of the work injury to accept or deny. There is no statute limiting any response time to 6 days.
Your answer can be to deny... if you need to , you can accept the claim later.
If you carried Workers Compensation Insurance in 2007, it was that insurance carrier's responsibility to get the claim withdrawn or resolved (provided you notified the carrier back in 2007).
You shouldn't be asking for assistance on the web...you should be faxing your 2007 Comp Carrier and saving copies of the fax transmission reports to prove they got notice of the action for which you paid for insurance coverage.
Your note that the company "...is getting sued by the way" would not have any bearing on getting an outdated Comp claim dismissed for failure to prosecute timely.