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Law Offices of Jeremy K. Lusk, Inc.

The general rule is that an employee injured while at work is entitled to workers’ compensation benefits.  The employer may take the position it was not related to work and takes no further action.  What happens then?

The general rule is that an employer has one day to provide a claim form and upon completion of that form has 90 days to investigate the injury.  There are exceptions, such as the employer having knowledge, notice, or an assertion of an injury.   But if liability is not rejected within the 90-day period the injury shall be presumed to be work related. 

Whether your injury is covered by this presumption depends on the facts in your situation.  As the facts for a work related injury are different for each individual, the interpretation and implementation of this presumption vary.

If you have any questions about your workers’ compensation injury and want to talk to an attorney in Fresno, please call (559) 408-7436 or fill out the form to the right.


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What is the 90 day presumption?