Q: can i file for personal injury on a work accident that happens 3 years ago and it was nor report it properly?
3 years ago i suffer i an accident, twisting my wrist while i was drilling on a steel gutter the incident was properly reported to my supervisor , at first i thought was only the hit but 8 months later find out that my scaphoid on my right hand was broke, orthopedic check my wrist and told me that the only solution was to have surgery to remove the scaphoid since the bone was already heal and can not be reattached. i talk to my supervisor let him know the situation, he suggested that have the surgery claiming that the accident happens out of work and they will take care of me during recuperation time and any expenses derivate from medical bills related to the surgery, i lost approximately 30 to 40% of my hand usage not counting the continuous pain and lost of mobility, i want to know if it is possible to file a claim for personal injury
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- California
- (916) 704-3009
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- Answered
A:
Under California law, for work-related injuries, the primary remedy is through workers' compensation, not personal injury. There's a statute of limitations on workers' compensation claims. Typically, you have one year from the date of injury to file a claim.
However, if the employer did not properly provide workers' compensation information at the time of the injury or you were unaware of the nature of your injury, there might be exceptions that extend this timeline. Given that the injury was discovered 8 months after the incident, and if the employer misrepresented or mishandled the situation, you may have grounds to argue for an exception.
It's crucial to consult with an attorney experienced in workers' compensation as soon as possible to assess the viability of a claim. The nuances of your situation and the exact timeline are essential in determining next steps. Given the potential loss of hand function and ongoing pain, it's important to address this matter promptly.
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