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  1. #1
    kRED752 is offline Junior Member
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    what are the statue of limitations?

    What is the name of your state (only U.S. law)? California...In January 2011 I went in the walkin-freezer to get something and a frozen strawberry container fell. I kicked it (dumb move) and in the process got a bone spur and foot sprain. I was off for 2 weeks and returned to work. In September 2011 I had to get surgery on my foot for the bone spur and was off for 6 weeks for recovery time. My boss was aware of my injury but did not fill out an accident report at any time. Because of feeling that if I was to push this issue my hours would be cut or even the possibility of losing my job since it was an accident that I could have avoided had I not kicked the container, I did not do so. I received disability payments during my time but obviously nothing to what I would make if I had actually been working. My boss still once in awhile will bring up the incident and say laughingly " just don't kick a strawberry container". What can I do at this point? Is it too late to recover lost wages and over $2,000 out of pocket medical expenses? What fines are there to an employer who has done this? The reason I'm just now coming around to try and do this is I realize that I need to stand up for myself.
  2. #2
    Willlyjo Guest
    Quote Originally Posted by kRED752 View Post
    What is the name of your state (only U.S. law)? California...In January 2011 I went in the walkin-freezer to get something and a frozen strawberry container fell. I kicked it (dumb move) and in the process got a bone spur and foot sprain. I was off for 2 weeks and returned to work. In September 2011 I had to get surgery on my foot for the bone spur and was off for 6 weeks for recovery time. My boss was aware of my injury but did not fill out an accident report at any time. Because of feeling that if I was to push this issue my hours would be cut or even the possibility of losing my job since it was an accident that I could have avoided had I not kicked the container, I did not do so. I received disability payments during my time but obviously nothing to what I would make if I had actually been working. My boss still once in awhile will bring up the incident and say laughingly " just don't kick a strawberry container". What can I do at this point? Is it too late to recover lost wages and over $2,000 out of pocket medical expenses? What fines are there to an employer who has done this? The reason I'm just now coming around to try and do this is I realize that I need to stand up for myself.
    Although it is unacceptable for your boss to fail to document the work injury you sustained, you didn't help it any by not taking steps to impose your right to receive Workers Compensation Benefits. You should have researched the fact that you cannot be fired or otherwise retaliated against for filing or seeking treatment for a work-related injury.

    As it is, you can try to file and adjucation of claim with the WCAB and if they should deny your claim, perhaps you could litigate it as a personal injury matter, which has a 2 year statute of limitations in which to file a Complaint. Unfortunately, the only way you can use the 2nd option is if your employer is uninsured. You better get going cos you don't have much time either way!
    Last edited by Willlyjo; 10-05-2012 at 01:29 AM.
  3. #3
    canhelp is offline Member
    Join Date
    Dec 2011
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    Quote Originally Posted by kRED752 View Post
    What is the name of your state (only U.S. law)? California...In January 2011 I went in the walkin-freezer to get something and a frozen strawberry container fell. I kicked it (dumb move) and in the process got a bone spur and foot sprain. I was off for 2 weeks and returned to work. In September 2011 I had to get surgery on my foot for the bone spur and was off for 6 weeks for recovery time. My boss was aware of my injury but did not fill out an accident report at any time. Because of feeling that if I was to push this issue my hours would be cut or even the possibility of losing my job since it was an accident that I could have avoided had I not kicked the container, I did not do so. I received disability payments during my time but obviously nothing to what I would make if I had actually been working. My boss still once in awhile will bring up the incident and say laughingly " just don't kick a strawberry container". What can I do at this point? Is it too late to recover lost wages and over $2,000 out of pocket medical expenses? What fines are there to an employer who has done this? The reason I'm just now coming around to try and do this is I realize that I need to stand up for myself.

    if you received disability payments ( I assume from State Disability Insurance), then your physician had to verify the medical history that the condition was not work related.
    how do you know the january kick caused the later foot problems?
    if you hid the truth from your doctors, the insurance carrier, and the state work comp agency there is no legal exception that will toll the running of the one year statute.

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