QUESTION

Can I sue my company for the knee injury I got at work?

Asked on Dec 28th, 2014 on Labor and Employment - California
More details to this question:
I got a knee injury at work about 5 months ago. I no longer work for them. I slipped on a slippery old floor a the job site and my knee popped. Each time I walk on my left knee, it sometimes pops out of place when I try to do sports. I have been having pains due to cold weather and I'm scared to put too much pressure on my knee. I can't stand on it for long periods of time because it starts hurting really bad. What can I do? Thanks.
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6 ANSWERS

Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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Did you report the injury? If you did you can file a workers compensation claim. If you did not report the injury at or near the time it happened or if you do not have witnesses or if you did not seek medical treatment immediately after the injury you may have a problem of proof. I suggest you contact a workers compensation lawyer in haste. Good Luck.
Answered on Dec 31st, 2014 at 6:21 AM

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Labor and Employment Litigation Attorney serving Beverly Hills, CA at Thomas & Associates
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If the injury happened when you were at work, your remedy is workers' compensation. Contact a workers compensation attorney and get a claim started. There is a one year time limit on such claims, so don't let that one year time limit run or you will be out of luck.
Answered on Dec 30th, 2014 at 7:17 PM

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Business Litigation Attorney serving Irvine, CA at Lawrence Bartels LLP
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You really need to talk to a worker's compensation lawyer. Generally, that is your main recourse when injured on the job. Presumably, you reported the injury to your former employer when you got hurt, had the injury looked at, etc., so that there is documented evidence that you got injured while on the job. If not, your case becomes much more difficult to prove now.
Answered on Dec 30th, 2014 at 7:14 PM

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Edwin K. Niles
Please see a workers comp lawyer. You should get treatment and compensation from the former employer's insurance.
Answered on Dec 30th, 2014 at 7:14 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Unless this somehow isn't a work-related injury or was done in a relationship other than employment, you are barred from suit. But, you should pursue your rights under the Workers Compensation system.
Answered on Dec 30th, 2014 at 7:13 PM

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Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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You MUST report the work injury BEFORE you leave the job. You must be clear "I hurt my knee doing my job, I'm requesting workers comp benefits" (it cannot be 'my knee sorta hurts'). If you did not put a claim in writing in some form a note from a doctor an email prior to separating from the company, the workers comp insurer can deny the claim as a post-termination claim and the burden shifts to you at a trial to prove the injury happened on the old job and not on the new job (or an injury at home or an injury on a camping trip). Can you PROVE you were hurt on the old job? Do you have a writing about the injury the week it happened? Do you have a doctor's report with your history of the injury happening at the old job? Do you have a video from the old job showing this injury? If not, it is going to be incredibly difficult to prove this old injury happened at the old job and not on the new job.
Answered on Dec 30th, 2014 at 7:13 PM

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