Legal Question in Employment Law in California

What type of cause of action you have depends upon the circumstances of how the injury occurred. If you are claiming that during employment the work harmed you, you are limited to a Workers' Compensation claim which must be filed within one year of the date of injury unless benefits are provided [then 5 years or one year of last providing of benefits]. If your employer or a fellow employee caused the injury but outside the actual work environment or duties, then you would have to file within 2 years for a tort cause of action on personal injury.

To show that anyone caused such a mental condition is very difficult. It is not easy to show that you suffer from PTS or what caused it. You need to go to the Workers' Comp. attorney with personal injury tort law experience to find out what ability you have to sue and whether it is economically worth while.

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