Vallejo, CA asked in Employment Law and Workers' Compensation for California

Q: What is the statue of limitations if i was stabbed on the job 11/7/18.

Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt able to lock it and a customer came in and stabbed me. Whole incident was on camera, i was never a threat. I got suspended for 3 days for being in a altercation which wasnt my fault.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your remedy for this workplace injury against your employer is in the workers compensation process. You need to contact a workers compensation attorney right away because if you have waited over a year you may have problems. Your remedy against the assailant is a civil lawsuit. You have two years to file that lawsuit.

Good luck to you.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You have ONE YEAR from knowledge of a workplace injury to notify the Employer you seek Workers Compensation benefits.

I presume that this 'notification' was done in some form when you went to the hospital for the stab wounds if you directed the hospital to bill the employer for treatment.

You are describing a possible 'serious & willful misconduct of Employer' add-on to a workers comp award... THAT definitely has to be put in writing in a petition to the employer withing one year of the incident.

BUT DON"T wait any longer. If there are medical problems resulting in any lost time for treatment, medical bills, temporary disability, permanent disability from this incident, a good workers comp attorney can still file the application and presume the employer was on notice of a workplace injury when there was a stabbing of an employee on their premises (presuming your employer knew you were stabbed).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.