Legal Question in Workers Comp in California
hello my son in law hurt his back at work he was scared they would get mad so he said he did not do it at work. he has been off work for a week back not getting any better can he still claim workers comp. his work told him no thank you
2 Answers from Attorneys
You son can file a workers' compensation claim form. He can ask his employer for one, despite the fact they previously denied him, or you can download and print one at the DWC website. You can find the form at http://www.dir.ca.gov/dwc/forms.html#ClaimsCourtForms.
Look for Workers' Compensation Claim Form. He needs to fill out the top half and give it to his employer and keep a copy for himself. The employer has 24 hours in which to return the form with the bottom portion filled out with the insurance company information. I strongly encourage your son to consult with a workers' compensation attorney in your area, especially since his credibility is now at issue. You can find one at www.caaa.org, the website for the California Applicants' Attorneys Association. Initial consultations are free. Your son needs to act now to preserve his rights to benefits. Good luck!
All he needs to do is to report his injury and demand medical treatment for his back. Of course it is better if this is done through an attorney and if treatment is not provided immediately, then attorney can send him for treatment after filing a claim and WCAB application. Feel free to call us at 213.388.7070 for a free consultation.
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