Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Is it too late to file a WC claim?
#1
I fell flat on my face and tore my shoulder on 1/25/17. I had just clocked out at work and was walking to my car. I was still on my employers property. I fell on the sidewalk adjacent to the building. My employer requires me to park way in the back. I assumed that bc I had already clocked out, it would not be WC. I have been off work ever since. Paid for my own MRI and all the co-pays required by my insurance. My husband did some research and found that I SHOULD have filed a WC claim. Does anyone know the time frame of a WC claim. Has my "statute of limitations run out"? Is the $ I've already paid gone for good?
 
Reply
#2
There are 50 different rules and half a dozens others for federal employees. That,s why we ask you to post your state.
Use the search feature to see if it's been answered before.
It doesn"'t hurt to file anyway.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
1171 - thank you for your reply. Good advice.

California...private employer. Not government employee.
 
Reply
#4
statue of limitations refers to court's jurisdiction. you can file claim any time with employer or carrier.
it's generally a year so you are not late.
the claim form is here
http://www.dir.ca.gov/dwc/DWCForm1.pdf
general information about benefits and rules is here
http://www.dir.ca.gov/dwc/InjuredWorker.htm

Is the parking area owned by he employer?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
Thank you for your reply. Yes. The parking lot is owned and managed by my employer.
 
Reply
#6
Injuries from the reasonable use of the employer's facilities would be covered. Workers comp protects the employer from their liability to any civil suit by an employee.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
A new issue has presented itself. Can my employer cease my health benefits bc of how long I've been on a LOA? I missed 4 months (last July-Oct 2016) for a serious health issue. After having been back to work for two months, I fell on my way to my car after work, hence the Workmans Comp claim. While I was on my LOA in 2016, my employer paid for the 1st 3 months of my health benefits. For the remaining time I was off, I paid my premium out of pocket. I received a letter this evening, UPS, that my health benefits will end April 6, 2017 if I don't return to work before then!
 
Reply
#8
If your employment is covered by FMLA, then you get 12 weeks of job protection and health option thru cobra. The FMLA protection is not unlimited and accrues on a 12 month basis.
More here
https://www.dol.gov/whd/fmla/
Workers comp does not pay your health insurance premiums.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
(02-23-2017, 02:48 PM)HeyJill Wrote: I fell flat on my face and tore my shoulder on 1/25/17. I had just clocked out at work and was walking to my car. I was still on my employers property. I fell on the sidewalk adjacent to the building. My employer requires me to park way in the back. I assumed that bc I had already clocked out, it would not be WC. I have been off work ever since. Paid for my own MRI and all the co-pays required by my insurance. My husband did some research and found that I SHOULD have filed a WC claim. Does anyone know the time frame of a WC claim. Has my "statute of limitations run out"? Is the $ I've already paid gone for good?

Technically, you are correct that you were "clocked out" for the day, and this should be a lawsuit as opposed to WC. (It did not occur during work time so it is NOT work related)
Why or what caused you to fall?
If you talk to an attorney, which I would do, you may be better off with a "slip and fall" lawsuit as opposed to WC.
Your employer will not be thrilled with this option. 
Normally, regular lawsuits for "personal injury" have a 2 year statute of limitations, as opposed to 72 hours, under WC. (in Connecticut)    Smile
Like someone else wrote, you did not mention your state.
[color=#181818][size=small][font=Merriweather, Georgia, serif]The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively~[/font][/size][/color]
 
Reply
#10
Roots you are providing misleading information.
This is a California claim.
The employee has one year from when they know of a work related injury to file with the comp court for benefits.
Posters husband is correct. There are many cases where "off the clock" employee activity is covered by workers compensation.
Please post your information source where emloyees at sing employer parking lot are not covered.

If you are going to provide information, make sure it is not false. Purposefully posting misleading and bogus information in order to decieve a worker is not cool.
If you don't know or are just guessing, make that clear in your post.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Should I file A Stress Claim? workmanscompquestions 9 7,816 02-25-2015, 01:35 AM
Last Post: California_Help
  Employer refused to file my claim, then fired me Brooklyn1976 1 3,976 08-05-2013, 12:01 PM
Last Post: 1171
  to file (a claim) or not to file BigFish_LittleFish 1 2,172 06-17-2013, 12:07 AM
Last Post: 1171
  PTD checks late all the time. GA. Cathy 2 3,676 04-14-2013, 11:36 PM
Last Post: Milo
  Not sure if I can file???? Julie 5 5,276 07-28-2012, 10:04 AM
Last Post: Julie
  Late Benefit Check heynow 16 9,719 06-19-2012, 06:42 PM
Last Post: heynow
  Too late to reopen?? Lruss 1 2,685 01-06-2012, 01:58 AM
Last Post: 1171
  What state to file my claim? ellroy2 6 8,237 09-24-2011, 04:41 PM
Last Post: LeglEgl
  Hubby injured his back on a job, boss says he will not file a WC claim.. hellokitty 3 4,628 05-05-2011, 02:29 PM
Last Post: Cervical_Fusion
  Will I jeopardize my workers compensation claim if I file a personal injury claim for wanttowork 3 16,218 03-27-2011, 02:07 AM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)