QUESTION
Can I sue past employer for injuries?
Asked on Jan 28th, 2015 on Personal Injury - California
More details to this question:
I worked on an armored truck for 12 years. The steps in the truck aligned with each other and not slanted, very difficult to climb when you got one hand carrying 40-70 pounds of weight and the other opening the door and being kept free in case I needed my weapon. Now 7 years later, I need knee replacements and X-rays are being done on my hips. The steps need to be redesigned for better balance. Poor design I believe caused my injuries.
4 ANSWERS
Edwin K. Niles
Yes, please see a worker's comp lawyer ASAP.
Answered on Jan 30th, 2015 at 7:55 AM
You would have to make a Workers' Compensation claim for cumulative trauma but their is a one year statute of limitations from the date last injured/worker there or last providing of benefits , such as medical treatment. There would be a possible civil suit against the designer of the steps for the vehicle, but that has a time limit to file which you have appeared to exceed. Even if you could sue, you would need a medical opinion that it was more probable than not that that activity caused the medical problem. I do not think you can sue/make a claim because of the amount of time that has passed but for your own peace of mind you should go to attorneys who specialize in such types of injury and in WC to be sure.
Answered on Jan 29th, 2015 at 4:18 PM
I need to know when was your last day of work and when did you discover your injuries.
Answered on Jan 29th, 2015 at 4:15 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
You appear to have solely a workers' compensation case against your employer but whoever designed/manufactured/wholesaled/retailed/leased the armored truck may have tort liability for negligence.
Answered on Jan 29th, 2015 at 4:14 PM