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LawTalk, Attorney
Category: Personal Injury Law
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience.
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I had a difficult situation at work two years ago

Customer Question

Hello, I had a difficult situation at work two years ago after filing for worker's compensation (and sick leave) but not receiving either and ending up in a homeless shelter. Consulting with an attorney led to their firm filing a case without seeking prior
consent, and I dismissed it after finding out from the worker's compensation appeals board due to being too psychologically ill to make appropriate decisions. In addition, the worker's compensation company initially offered a settlement on a phone call but
then stopped returning phone messages. Now the company is requesting that the case be dismissed for lack of prosecution. Is there a California Statue of Limitations for worker's compensation, i.e. can I dismiss the case now and later filed when mentally stable?
Thank you for your time and consideration and hope you have a wonderful week!
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Under CA law, you must file your workers' compensation within 1 years of the initial date of injury. If however, you didn't file a claim, they had the legal right to file one on your behalf without your permission.
I presume that at least a year has now passed and if you allow the case to be closed for failure to move forward with your claim (Prosecute) you will be unable to re-open the claim at a later time.
Because hiring a workers' compensation attorney to help you cost you nothing---they are paid a small part of any permanent disability award you receive in settlement----you really should retain a local attorney immediately to assist you in keeping your claim open.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,