Legal Question in Personal Injury in California

Is it too late?

I was wondering how much time do a person have to file a lawsuit against a business. It is a personal injury wile on the job.


Asked on 7/31/02, 3:40 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Is it too late?

You have five years to file a worker's compensation application for adjudication. This is in effect a five year statue of limitations on a work injury whether or not there was negligence which caused the injury. You will be entitled to 75% of wages lost while you were unable to work, plus a final award based upon any permanent injury. If there was some negligence on part of the employer, a fellow employee or a third party which cause your injury, then, the one year statue of limitations applies for any civil suit which you may have. The civil suit would allow for pain and suffering in addition to the damages already stated compensable under the worker's compensation system. You may still make your worker's compensation claim within the five year period regardless of whether or not you had a civil suit based upon negligence. Please call me directly at (619) 222-3504.

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Answered on 8/02/02, 6:57 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Is it too late?

Normally, 1 year from date of injury and this must be under workers compensation laws unless the injury was caused by a third party who is not a fellow employee.

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Answered on 8/01/02, 5:45 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Is it too late?

It sounds like you're describing a Workers' Compensation claim, which is filed against your employer's workers' compensation insurance. I'm not sure of the time limit you have, so see a workers' compensation attorney right away.

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Answered on 8/01/02, 8:31 pm


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