Legal Question in Workers Comp in California

Technically an injured worker has one year from the date of injury to file a claim. However, if the employer has notice by any means of the injury and fails to provide the injured worker the required notifications telling the worker his rights, the statute tolls per the Reynold's case. Additionally, a worker can file a claim one year from the last date of medical treatment for the injury. Your major problem is you will be filing a "post termination" claim and those are typically denied as a matter of practice. More likely than not, though, you can still file a claim even though the accident was your fault.