California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Injured at Work 2 Years Ago

    Hello Everyone,

    I'm in a bit of a pickle and would like to know if anyone knows the statue of limitations on filing a claim in the state of California.

    Here's a bit of back story on what happened; I work for an old family friend at a medium sized business. I've been at the company for over 10 years now. About 2 years ago I hurt my back moving some boxes. I've been back and forth from specialist to specialist off and on since that time but have been in constant pain. At the time of the injury i had been prepared to file with disability but was asked to handle this problem internally and that my boss (and friend) would cover the medical expenses. Recently our company canceled the medical coverage for all employees due to non-payment.

    I'm now wondering what i can do, if anything, to continue receiving help. Do i qualify for cobra coverage? Is there any avenue i can take with the disability insurance? Or is this something that i will ultimately have to take to court?

    Thank you in advance for any advice.

  2. #2
    Join Date
    Oct 2006
    Posts
    294

    Default Re: Injured at Work 2 Years Ago

    Quote Quoting kababs50 View Post
    hello everyone,

    i'm in a bit of a pickle and would like to know if anyone knows the statue of limitations on filing a claim in the state of california.

    Here's a bit of back story on what happened; i work for an old family friend at a medium sized business. I've been at the company for over 10 years now. About 2 years ago i hurt my back moving some boxes. I've been back and forth from specialist to specialist off and on since that time but have been in constant pain. At the time of the injury i had been prepared to file with disability but was asked to handle this problem internally and that my boss (and friend) would cover the medical expenses. Recently our company canceled the medical coverage for all employees due to non-payment.

    I'm now wondering what i can do, if anything, to continue receiving help. Do i qualify for cobra coverage? Is there any avenue i can take with the disability insurance? Or is this something that i will ultimately have to take to court?

    Thank you in advance for any advice.
    Contact a legal professional immediately !

    Somewhere in the pile may be a charge of WC / Insurance Fraud by your employer. You could be implicated.
    If you were injured on the job and he used private insurance to pay for treatment, They will demand their money back from you.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured at Work 2 Years Ago

    At the time of the injury i had been prepared to file with disability but was asked to handle this problem internally and that my boss (and friend) would cover the medical expenses.
    Sorry, I have to comment on this as there are lots of other readers here... you and your employER broke the laws to mitigate the financial exposure to the 'friend'... now, TWO years later since the other options are gone, we're going to try and go back to what should have been the case when the injury occurred...correct?
    Or is this something that i will ultimately have to take to court?
    What your 'friend', employer did is illegal, and could be fraud. It is not your liabilty, nor that of your own health care coverage/provider to pay for the bills to treat an industrial...Your employer IS liable for ALL the costs to your injury.

    As your ER was aware of the injury at the time...that could be the DOI/Date Of Injury you reported. That the ER did not report to their IC, or the DIR/DWC is their problem, not yours.
    You are going to have to back track, file the claim with the ER WC ins carrier, and your providers will have to get all those bills together. A claim will have to be filed, by your ER, with the Dept of Workers Compensation/Director of Industrial Relations...as required by law.

    You have some complications here... and are now going to learn the process and repurcussions for not following the procedures and law. You could both see some problems. No doubt the WC IC will deny this claim....and you'll be required to see a PQME to determine compensabililty.

    You would serve you own best interest now by consulting with a WC attorney.


    You were wrong here too...you know this is a work related injury, yet you present for treatment and with hold that information... you did this with the intent of haveing your own ins coverage pay the bills for treatment. Your IC will place a lien on your potential recovery.
    If the Drs you treated wtih were aware of a work injury...they were wrong, and illegally billing your IC... what has happened is wrong on SO many levels.

    Recently our company canceled the medical coverage for all employees due to non-payment.

    Do i qualify for cobra coverage
    Not likely. COBRA must be offered to continue a health care policy already in affect. You have nothing to continue.
    Is there any avenue i can take with the disability insurance?
    Disability ins pays for wage loss to a non-industrial injury/illness. Not the treatment costs.
    Recently our company canceled the medical coverage for all employees due to non-payment.
    Your ER didn't cancell the health care coverage... the insurance company did that... because your ER didn't pay the premiums. Hopefully this ER was not deducting a portion of those premiums from the employEE's wages...(?)

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Injured at Work 2 Years Ago

    Do you even know if the employer carried workers comp?
    asking an employee to handle it internally is a sign that they might have been/are illegally uninsured.
    there is a time limit of 1 year for filing but if the employer knowing provides care (including thru the health insurance) without notifying the employee of their rights they are "estopped" from asserting the time limit. Your cooperation in hiding the injury doesn't help your case but that is an issue that will likely require a judges decision.


    if there is no coverage here is information on the uninsured employers fund
    http://www.dir.ca.gov/dwc/FactSheets/FactSheet_F.pdf
    Last edited by .SH; 10-21-2009 at 01:27 PM.

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