Legal Question in Workers Comp in California
Statute of Limitations
I fell down a flight of unsecured metal steps whilst carrying a case of wine and ended up with an enormous bruise and protrusion from my upper left hip in June 2005. I filed a claim and got little to no help. I am now left with a protrusion of about 6 inches across and 2-3 inches out. I find this completely unacceptable. Can I still get help for this? I have tried reaching the original doctor, who won't respond to me. What can I do at this point? Please advise.
3 Answers from Attorneys
Re: Statute of Limitations
You do not state whether this occured on the job or not. If itwas off the job, yu ar arred by the Statute of Limitations. If it was at work, you are supposed to report it withi a reasonable period of time to a superior, but if yur emplyer or the WC carrier provide any benfits I believe you have 5 years from the date of injury. Also, your filing a claim resolves the Statute part.
Immediately contact the WC carier to see what they are willing to do. Their first reaction is what could it be that is so large and permanent? But if it it rated as only a cosmetic disfigurement,it might be only 2? permanent disability, but you would be entitled to medical treatment. If the WC carrier will not do anything, file a formal application for adjudication wtih your local WCAB and then go to various WC attorneys, none of whom will really want to take your case because it would like be a $0 attorney fee.
Re: Statute of Limitations
I suggest that you file an applicaiton for adjudication of claim to preserve any rights you may have with respect to your comp claim. You can get help with this by contacting the information and assistance office.
Re: Statute of Limitations
you are not barred by the Statute of Limitation. However, you need an attorney to pursue your case (On contingency basis).You need to file a WCAB Application and serve your employer and that way this matter will be turned over to your employer's insurance Carrier.I have a few cases in northern California, Feel free to call me at 213.388.7070 for a free consultation.