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Statue of Limitations - Printable Version +- Workers' Compensation Discussion Forums (https://www.workerscompensation.com/forums/general) +-- Forum: Category (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=3) +--- Forum: Injured Worker Forum (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=4) +--- Thread: Statue of Limitations (/showthread.php?tid=17265) |
Statue of Limitations - Shadow - 08-20-2017 Hi Folks California Injury Posting for a friend .. He was injured at work . Went to the employers contracted Urgent Care .Taken off work for a fews days. My friend doesn't want to get in to this whole claim process .. just wants to work and be happy. What is the statue of limitations in California . Any codes Thanks Shadow RE: Statue of Limitations - 1171 - 08-20-2017 there are many. the key one for a new claim is L.C. 5405: 1 yr from the date of injury to file with the comp court. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=4.&title=&part=4.&chapter=2.&article= RE: Statue of Limitations - Shadow - 08-20-2017 (08-20-2017, 07:46 PM)1171 Wrote: there are many. Thank you ..appreciate it. I will print this out for my friend . RE: Statue of Limitations - Shadow - 08-30-2017 I have another question ..when would a DWC-1 form be due ..is there a statue for that . The IW went to the Urgent Care , followed up , declined further treatment and want s to work . Doesn't necessarily want to open a claim . The employer wants a DWC -1 . Is there a statue on this particular form DWC-1.. I mean the EE was well aware of the injury through his contracted medical facility . There is a Doctors First Report and a PR-2. They definitely are aware. Any thoughts on when technically a DWC-1 would be legally due, such as a dead line . Thanks Shadow RE: Statue of Limitations - 1171 - 08-30-2017 P.S. Statu t e with an extra "t". As in "statutory" law. a claim form is filed when a worker wants workers comp benefits. A worker is not required to claim or accept comp benefits. What can happen is both comp and health insurer may refuse to pay any medical bills. In lieu of a claim form a worker can fle an application with the WCAB within the 1 yr Statute. RE: Statue of Limitations - Shadow - 08-30-2017 (08-30-2017, 10:30 AM)1171 Wrote: P.S. Statu t e with an extra "t". As in "statutory" law. So there is no Statute of limitations on a DWC-1 ? The ( employers ) providers first report is the notice of injury as required in 30 days I guess. Thanks Shadow RE: Statue of Limitations - 1171 - 08-30-2017 ..No. |