QUESTION
Can I still sue my employer even though it's been a year since the accident or what can I do at this point?
Asked on Feb 26th, 2017 on Personal Injury - California
More details to this question:
Last year, I had an accident at work. A metal beam came down and sliced my finger down the middle. A workers comp claim was filed and I was placed off work for about 3 months. I ended up quitting to go back to school. Fast forward to today, my finger has no nail, a very bad scar that doesn't allow full movement. I can't type with my left hand and the top of the finger is still numb.
2 ANSWERS
Edwin K. Niles
You have 2 potential claims: Workers comp, and negligence. Under w.c., you will get all medical treatment and a permanent disability rating. This is a "no fault" system, and is not designed to fully compensate you. With a negligence claim, you must be able to prove that someone (another employee?) was careless. You should see an injury lawyer AND a w.c. lawyer ASAP. There are statutes of limitations, so don't delay. Your local bar assn. will have a referral plan.
Answered on May 17th, 2017 at 7:23 PM
You can not sue your own employer as WC is a no-fault system that replaces it. If your employer accepted your injury as being on the job, you have 240 days in which to file a formal claim. Since your injury is very straight forward, you may not need to be represented by a WC attorney, but you could see one to find out if you are not receiving any benefits [such as rehabilitation] or they can do something more for you.
Answered on May 17th, 2017 at 7:21 PM