Legal Question in Workers Comp in California

Re: which law can be use

Unless your case fall under exceptions to statute of limitation rules, you may experience problems with filing a new WCAB application for a Jan. 2005 injury. To answer your question about which law will apply, It will be most likely the new laws (post 2005). Call us at 213.388.7070 if you need representation.

Re: which law can be use

The law as of the date of the accident is the law that applies. Otherwise, everything would be open-ended and people might wait until a more favorable law was enacted.

I can not be sure from your question who your husband was working for. If he was working for a company that was doing a job for the school, then his injury is covered by Workers' Compensation. Did he report the injury to his employer within one year and/or file a WC Application for Adjudication or formal employee's report of work injury to avoid being barred by the statute of limitations? He might have a suit against the ladder company if the ladder was defective and perhaps against the school if they did anything wrong, but those bodily injury torts require you to file a lawsuit within 2 years of the date of the injury, so it seems his claim would be barred. The employer might have done something to hold the statute from running.

You need to see a WC attorney who also handles third party lawsuits.