QUESTION

Will I still be eligible for worker''s comp?

Asked on Aug 13th, 2012 on Workers Compensation - California
More details to this question:
I injured my shoulder and was placed on light duty on Nov. 2011. However, I found another job in Jan. 2012 and did not continue with my worker''s comp claim. I have been laid off with the current employer and was wondering if worker''s comp is available to me since I never closed the case.
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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Normally you should pursue the claim within one year of the date of injury. However, it doesn't seem like your case is over yet, so you may pursue additional benefits and treatment. Did you get notice from the insurance carrier for your first employer that it was closing your case, and telling you that you had to act within certain time limits? When was the last time you received any medical treatment paid for by workers' compensation? If it was in January 2012, then you have until January 2013 to formally file an application for benefits. There are other methods of avoiding the statute of limitation which may or may not apply in your case. Contact a lawyer who specializes in workers' compensation cases to discuss this matter. A consultation is free, and the lawyer doesn't collect any fee until you receive your settlement.
Answered on Sep 25th, 2012 at 6:16 PM

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