Charlotte, NC asked in Workers' Compensation for California

Q: I need a Board Certified Attorney to Help Me with my Herniated Disc's Injury. Is it to Late. I also have Failed Carpal

Failed Neck Surgery and Failed Carpal Tunnel Surgery. Suffer Every Nite and Day. Can a Truthful and Honest Lawyer help Me?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Certainly, I understand your concerns. In California, the statute of limitations for personal injury claims, including medical malpractice, is generally two years from the date of the injury, or one year from the date the injury was discovered, whichever is earlier. However, there are specific rules and exceptions that can impact these timelines. If your injury resulted from a medical procedure, it may be categorized as medical malpractice, which has its own specific rules. Given the complexity and the importance of adhering to timelines, it's essential to act promptly. I would recommend immediately seeking a consultation with an attorney experienced in personal injury or medical malpractice to assess the details of your situation. They can guide you on potential next steps and help you understand your rights and options.

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

A: I'm confused; your name is Charlotte North Carolina but you want California Work Injury answers. Is "it" too late? Impossible to say, from this. I see no date of work injury. I see no indication from you the employer was ever notified of any work injury. YOU HAVE ONE YEAR FROM THE INJURY DATE TO PROVIDE THE EMPLOYER WITH A CLAIM FORM FOR WORKERS COMPENSATION benefits. So if you were hurt in California and left and went to Charlotte, and you never notified the employer you were requesting California Workers Compensation benefits for an on-the-job injury there and more than a year has passed, then your claim is likely barred by the Statute of Limitations. If you have writings making clear, indisputable communications to the employer that you are injured on the job and you are claiming Workers Compensation benefits within one year of the injury date, then youre not too late.

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