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Does a Workers Compensation case have a time limitation?

Does a Workers Compensation case have a time limitation?

Postby valentino » Fri May 04, 2012 1:06 am

I had a work injury in 2009. I was of work for over 6 months. I filled a claim and it was denied. At the same time I used my savings and CA state disability benefits. I've stayed with my employer and wanted to know if I can still fight the denial by optioning a Lawyer? I'm not sure if there are period of times that I can fight the denial. It was a L-5 ruptured disc on my back.
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Does a Workers Compensation case have a time limitation?

Postby deangelo51 » Fri May 04, 2012 1:11 am

why wouldyou wait so long to file? I'm not sure if statute is 3 or 4 years but give your attorney a call. If you take this to disability court they'd probably have the vocational rehabilitation group say you could do some kind of work and the judge would ask "what jobs do you think you could do?" i don't know how you could get CA state disability benefits if you're been still working with that employer, it might be fraud. nevertheless talk with a disability attorney (the benefits are very low and you could barely live off those benefits, so would be better if you could find a job you can do and not start any court cases.) You could, of course, start your own business.
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Does a Workers Compensation case have a time limitation?

Postby hussein » Fri May 04, 2012 1:20 am

Yes, it does but only if you don't file to begin with. Having been denied how is it possible that you didn't fight this when the case was claimed? Why did they deny it? Yes, by all means...call a compensation attorney. They cost nothing to retain and they can advise you as to how to proceed.
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Does a Workers Compensation case have a time limitation?

Postby orson19 » Fri May 04, 2012 1:25 am

I think you are still within your legal limits. You need to make a fast trip to a well known lawyer who specializes in job injury cases. I believe your first visit for consultation is free. My husband deals with job injuries on a daily basis. If you file a lawsuit, be sure and include paid lifetime medical treatment to be paid by your employer. Lumbar spinal injuries have a way of causing additional problems.
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Does a Workers Compensation case have a time limitation?

Postby naseem » Fri May 04, 2012 1:37 am

exactly when were you denied?
why were you denied?
did you follow the appeal process at that time?

under almost all circumstances there is NOTHING you can do, you failed to follow through with the original claim....





and be very clear attorneys do NOT work for free... Y!A users should really quit implying that attorneys will work for free or that they give away advise for free because they don't...

when you find an attorney who works on a contingency basis they do so for their "fee".....
almost always contingency cases are taken for the fee only, and the fee is paid only if the case is won but the catch is in the small print, win-or-lose you are still responsible for all "out of pocket expenses" which are often more then the attorneys fee....
these expenses can include, phone calls, document fees, depositions, investigators, travel and meals, court filing fees, service fees, second medical opinions, expert testimony, etcetra... etcetera...
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