Lodi, CA asked in Workers' Compensation for California

Q: how far back can a workers comp case go? Injured and treated in late 80s, never closed case.

ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.

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1 Lawyer Answer

A: Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult

Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific injury, one year from the last medical treatment for any injury , or in some cases five years from the date of injury, whichever is later. It will be case specific and the pay rates will be those of the 80's, so unless you want medical treatment, don't expect a big pay out, but expect a big push back. You will definitely need representation. Probably best to go with a firm that handles sports injuries because this issue is quite common for professional athletes.

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