Porterville, CA asked in Personal Injury, Employment Law and Workers' Compensation for California

Q: I got a broken my arm for a couple surgeries and my question is how long till I can no longer file a injury claim

5 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: You didn’t mention if your injury is work related or not. If not you have 2 years to Sue for negligence. If it happened at work call a workers compensation attorney

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The answer to your question depends entirely on where you injured yourself.

Any injury that occurred while you were working will be handled through the workers compensation system, and you should locate and consult with a workers compensation attorney right away.

Any non-work-related injury would be handled by a personal injury attorney in the normal court system.

There is no amount of time that must pass before you make your claim. There are deadlines however. It would therefore be wise for you to locate and consult with the appropriate attorney sooner rather than later.

Good luck to you.

James Otto Heiting
PREMIUM
James Otto Heiting
Answered
  • Riverside, CA
  • Licensed in California

A: Depends on how it happened and who/what was the cause.

Richard  Barkhordarian, Esq.
Richard Barkhordarian, Esq.
Answered
  • Workers' Compensation Lawyer
  • Culver City, CA
  • Licensed in California

A: If you had broken your arm while performing your job duties and you live in CA or were performing your job in CA when the accident happened then you have 30 days to report the injury and you have 1 year from the date of injury to file a workers compensation claim. I hope this answers your question.

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

A: The Statute of Limitations requires you to provide notice to the employer of the work injury within ONE YEAR of its occurrence. "I got a broken my arm" isn't at all clear; are you trying to say you broke you arm on the job??? "For a couple of surgeries" is confusing; are you trying to say you used your personal medical insurance to pay for two surgeries already? THAT's a huge problem! Private medical insurance does NOT cover work injuries so all the bills will have the doctors SWEARING the arm injury is NOT Work Related. It's time to speak with a seasoned workers compensation lawyer immediately.

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.