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can i re-open a workmans comp case?
10-08-2007, 07:22 AM
Post: #1
can i re-open a workmans comp case?
I cut my hand on the job. while performing some work, I cut my hand with a razor that required 14 stitches across my palm and wrist.

initially, I went straight to the closest urgent care facility to be taken care of. They filed their services under workman's comp. When I got back into the office, my boss had a talk with me. He persuaded me to change the workman's comp claim and tell the urgent care facility to re-work the paper work to say it was a personal injury so that it wouldn't blemish his perfect insurance record. (this is indicated on paper work)

At that time, I agreed because I felt he was an honest man, and I was under the impression that he would cover my medical bills. This happened last October, and I've recently finally payed the bill. It wasn't much, but my insurance was fighting it because of the inconsistent paper work.

My boss has yet to reimburse me a penny. In fact, I no longer work there now. my question is, can I re-open the case, or sue for re-reimbursement and possibly damages?

I worked for a company in southern California..
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10-08-2007, 07:38 AM
Post: #2
RE: can i re-open a workmans comp case?


Morning Socialite and welcome. Not sure about CA laws but in my state you have 2 years to file a WC suit. I would either check out CA's WC board or contact a WC attorney and see what hey say. There are several here from CA that will be along to help much more than I could. We're seeing alot of this lately. The employer wanting the employee to lie and conceal that it's a work related injury and the employee is complying. I hope it's not too late for you. Best of luck.

CAP

God is never late.

In the end it doesn't matter how many years were in your life but how much life was in your years.
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10-08-2007, 07:58 AM
Post: #3
RE: can i re-open a workmans comp case?
never never never lie on a wc suit..........if it is still on the original paperwork you may have a chance but it would most likley be an uphill battle

........I love cats, I just cant eat a whole one by myself......
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10-08-2007, 10:51 AM
Post: #4
RE: can i re-open a workmans comp case?
There is a 1 yr time limit to file a claim with the work comp board.
I suspect the employer had no insurance so your delay will probably make it a long process. Contact the Information and Assistance Officer for help filing
http://www.dir.ca.gov/dwc/IandA.html
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