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delay in filing claim
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03-13-2011, 01:17 AM
Post: #1
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delay in filing claim
Injured at work, reported it to employee health (where the problem started - bad vaccination technique), they were dismissive but gave me the number for the WC liason. I decided to seek medical attention through my insurance., and not deal with their bull----. When it did not resolve via conservative measures - and turned out to be quite serious, I filed a claim. I was told I could file up to a year. Does anyone have a similar experience? California.
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03-13-2011, 01:50 AM
(This post was last modified: 03-13-2011 02:32 PM by 1171.)
Post: #2
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RE: delay in filing claim
i don't have a similar experience but labor code 5405 does have a 1 yr limit from: the injury date, the last furnishing of treatment, or the last providing of disability.
http://www.leginfo.ca.gov/cgi-bin/displa...=5400-5413 did the employer furnish a claim form? there are numerous exceptions that allow you to file especially if the employer's liability is relatively clear cut-- although it's likely to have to be litigated in order to get the caselaw exceptions applied. |
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