Am I required to exhaust my administrative remedies prior to filing
a workers compensation lawsuit in CA?
What is required before filing a lawsuit? Do I need to file an admin claim? Or can I just file directly in superior ct?
This is in California. Thanks.
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You need to file a worker’s compensation claim…you can’t sue your employer…period….there are ONLY administrative remedies available.
http://diylegalinfo.com/lawsuit_Links.html has help on how to file a civil lawsuit, class action lawsuit, and all other legal laws and information regarding lawsuits in general.
You can’t file a ”administrative” law suit. You file a claim for
benefits with your employer under their plan for industrial
injury/illness. That is the exclusive remedy, in all but the rarest
of claims. You have one year from the date of knoweldge the injury
is industrial, and meets the AOE/COE standard. In general, the law
requires you to file the first report of injury the day of the
specific onset. The SOL would be relative to CT/Cumulative Trauma
and a few other situations. But those injuries that require more
than minor first aid would be reported immediately. The
employer/carrier has the ability to control the medical care in
your claim by directing you to the appropriate Dr of choice. Most
Calif employers/carriers now have MPN/Medical Provider Networks in
place to make a selection of treating physician. IT’s not your
choice or option to file a claim for WC benfits vs filing a civil
suit. The law demands it, and that your employer file a claim with
thier WC carrier. Don’t try to fool around with this by attempting
to use the civil/tort arena… you will lose valuable time, and
possibly benefits too.