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LegalKnowledge
LegalKnowledge, Attorney
Category: California Employment Law
Satisfied Customers: 23980
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was injured at my job back in october 2013n working with

Customer Question

hi ,i was injured at my job back in october 2013n working with glass bottle containers, glass was stabbed in my right hand and broke off and required more then one surgery but the biggest issue was the wound infected and i was in hospital 3 days , anyway the doctor said wait a year and a half to two years, its been 2 years and i still cant close my hand or make a fist , a lot of pain still , i went by doctors orders, but i continued to work, well the plant i worked at seized production in october so now i do not know what to do cause i have this injury that has not healed and the company is gone from the location,it has been affecting me and still does , i do not know if i waited to long i only done what the doctor said, i thank anyone for any advice in advance , please let me know
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LegalKnowledge replied 11 months ago.

Good morning. What State do you reside in?

Customer: replied 11 months ago.
california
Expert:  LegalKnowledge replied 11 months ago.

Thank you. Even though you were just following doctors orders, you should have consulted with an attorney immediately after the injury. The reason why I say this is because that is when the statute of limitations would start to run and the time in which you would and could take legal action, if there was a basis for it. There could have been grounds for a workers comp claim, injury claim or claim against the company if they were negligent or there was a flaw in their system. Seeing how it has been two years and you are still having issues, you really want to speak with and consult with an attorney, ASAP. You want to provide them with a copy of your medical records, along with a detailed description of the events and what has happened. They can then determine if there is a way to sue and recover and a cause of action. Even though the company may have relocated and does not do business any more in that location, it does not mean you could not go after them and sue, if you have a valid cause of action.

Expert:  LegalKnowledge replied 11 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 11 months ago.
i thought the limit was 5 years and i was not necessarily looking to sue but i know there will be doctor bills , i was not informed on the limits
Expert:  LegalKnowledge replied 11 months ago.

5 years for what type of claim are you referring to?

Expert:  LegalKnowledge replied 11 months ago.

Hi, are you still with me?

Customer: replied 11 months ago.
i dont know what the time limits are , but the way i take it is time is up, i didnt get what i was looking for , like a answer on the statue of limitations , all i did was go by doctors orders and that was not the right thing to do it seems
Expert:  LegalKnowledge replied 11 months ago.

Ron, do not worry. Allow me to still assist.

Expert:  LegalKnowledge replied 11 months ago.

Here are the statute of limitations, for most of the common causes of action which can be brought. I understand you went by the doctors orders, by they are there to treat you and can not offer legal advice. Even though you have relied on them, that has to do with treatment.

Type of Problem (or Case)

Time Period During Which You May Sue (or Be Sued)

Injury to a person. The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1.

2 years
from the date of injury

Damage to property. The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property (conversion), crashing your vehicle, going onto your property without permission (trespass), fraud, nuisance, etc. California Code of Civil Procedure section 338. Also for breach of sale of goods, seeCaliforna Commercial Code section 2725.

3 years
from the date the property
was damaged

Libel or slander. The defendant defames you in print, writing, or pictures (libel) or verbally (slander). California Code of Civil Procedure section 340(c).

1 year
from the date of injury

Oral contracts. Contracts that you and the defendant did not write down.California Code of Civil Procedure section 339. (Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. This writing may be proof that you had an oral contract.)

2 years
from the date the contract
was broken

Contracts in writing. California Code of Civil Procedure section 337.

4 years
from the date the contract
was broken

Known (apparent) problems (called "patent defects") in real property improvement design, survey, construction, etc., and resulting injury to property or person. California Code of Civil Procedure section 337.1. These usually are lawsuits against architects, contractors, or builders.

4 years
from the date the construction was mostly finished

Unknown (not apparent) problems (called "latent" defects) in real property improvement design, survey, construction which cause damage to real estate or personal property. California Code of Civil Procedure, Section 337.15.These usually are lawsuits against architects, contractors or builders.

10 years
from the date construction
was mostly finished

Personal property left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. California Code of Civil Procedure zection 341a.

90 days after departing from premises

Against a health-care provider (medical malpractice). 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date. California Code of Civil Procedure section 340.5.

Note: If you are going to sue a health-care provider you MUST give them 90 days' notice before filing. California Code of Civil Procedure section 364.

1 year (In some cases, 3 years. Read the law).

Against a bank. If a bank paid on a check that was signed without authorization or where the signature was forged. California Code of Civil Procedure, Section 340.

1 year from the date the bank paid out the funds.

Against government agencies or offices. These cases require that you file a special claim (called an "administrative claim") with the government office or agency before you file in court. You have to use the government’s form to file the claim.

  • Personal property and personal injury/death cases: You must file your administrative claim within 6 months of the date of the injury.Government Code section 911.2
  • Breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damaged. See the reference to claims relating to “any other cause of action” under Government Code section 911.2.
  • After you file your claim, the government has 45 days to respond.Government Code section 912.4.
    • If the government agency
      • Denies your claim during the 45 days, you have 6 months to file in court from date the denial was mailed or personally delivered to you.Government Code sections 912.4, 912.6.
      • Does not respond to your claim during the 45 days, you have 2 years from the date the incident occurred to file in court. Government Code section 945.6 (a)(2).
      • Consult with an attorney to make sure you file your claim and file your lawsuit before the deadline.

6 months from the time of the injury to file an administrative claim

OR

1 year
from the breach of contract or real property damage
to file an administrative claim

When to file a court case depends on whether your administrative claim is denied or not responded to. If your claim is not responded to, talk to a lawyer to find out how much time you have to file your lawsuit.

Customer: replied 11 months ago.
make this simple , there is nothing i can do ? im paying my own doctor bills correct ? and have too deal with this the rest of my life ? there are jobs i can not do , so im screwed cause the company doctor led me the wrong way ?
Expert:  LegalKnowledge replied 11 months ago.

No, not at all. You may very well still be able to sue. However, you need to consult with an attorney who can look over the facts and determine what types and the causes of action, you can file. There could very well be grounds to recover and sue them and see if you have a claim against the company.

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