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If your fired from a job,how long do you have to file a workers' comp claim?I got fired&been injured but never filed a claim

Business 6 views 4 answers
i have heard two years and one year but don't know which is right

Attorney Answers

4
Steven Sweat ·
There is California law that states that your workers compensation claim is barred if you file it after termination. However, there are ways to get around this and I would advise you to consult with a workers compensation attorney immediately to have your best chance of having an application accepted. If you were terminated as a result of your injury or requests for leave or you feel you were terminated in retaliation for filing the workers compensation claim, you may have a claim for wrongful termination under California law and you should consult with an experienced California employment and wrongful termination attorney immediately. There may be as little as a one year statute of limitation on filing certain claims or "administrative claims" for this.
0 upvotes
Reed Heustis 233779.Html ·
A rule of thumb is that if you file a claim after you were terminated, the claim is barred. However, there are exceptions. If it's been less than a year, you should file immediately.
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Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
You are supposed to file while employed, but there are exceptions. Also, an employer can't fire you for opening a workers comp claim. Search 's "find a lawyer" for a workers comp lawyer in your city to discuss.
0 upvotes
Brett Borah ·
The other to attorneys, although from out of state, have it right. Generally, we have a ban on what we call post-termination workers' comp. claims here in California. There are a few exceptions, however. You should consult with a good w.c. attorney right away. There are some excellent ones in Oakland. Find a good one here at www.attorneyqna.com or at www.caaa.oarg. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral. Good luck.
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