Understanding the Statute of Limitations for Amputation Injury Claims in Riverside

Riverside, California, is a beautiful and vibrant city known for its citrus heritage industry, making it the hometown of California’s citrus industry. The city is also widely known for its diverse architecture and historical museums.

This city, with such a rich history, is now also home to many industries and construction sites, leading to workplace accidents. But a workplace accident can sometimes lead to life-changing injuries. One such injury that workplace accidents can cause is amputation.  

Such a sudden incident, causing the survivor to lose a limb, can lead to emotional distress in the survivor. Be it machine malfunctions or construction accidents, anyone who suffers from amputation injuries caused by negligence or unsafe conditions in the workplace is entitled to compensation. If you have been a victim of an amputation injury in your workplace in Riverside, then an amputation injury lawyer in Riverside can help you file a claim. 

However, the state of California has laws that follow strict deadlines, which are known as the statute of limitations. Missing these deadlines could lead to you losing your right to file for a claim, thereby not receiving the compensation you deserve. Which is why it is important that you understand the statute of limitations in California. 

What Are the Statutes of Limitations for Workplace Amputation Claims? 

The State of California has two main legal options to move forward with for amputation injuries in the workplace. Both of these legal options have different deadlines that you have to follow. 

1. Worker’s Compensation Claims 

The first one is the workers’ compensation claim. This is your option to go for if your accident occurred in your workplace during your duty. To file for a workers’ compensation claim, you have to keep the following deadlines in mind. 

• You have 30 days from the date of the accident to report the incident to the employer. 
• Once you have reported the injury, you have one year from the date of the injury to file a claim for workers’ compensation. 

2. Personal Injury or Third-Party Claim 

In some cases, it is not your employer who is responsible for the accident, but it could have been caused by the negligence of another coworker, or it could have been a defective machine. In such cases, you will have to opt for a personal injury or a third-party claim. The statute of limitations for such third-party claims or personal injury claims in Riverside is two years from the date of the injury. 

In some cases, you may be able to file for a workers’ compensation claim as well as a third-party claim. Consulting a workplace injury attorney can help you understand what compensation you can pursue. 

What Are the Exceptions to the Statutes of Limitations? 

While these statutes of limitations usually have a strict deadline, there are certain circumstances that may exempt you from following the statute of limitations. They include: 

• Delayed Discovery: Sometimes, a few medical conditions may not show up immediately, but are discovered after a period of time. 
• Employer Misconduct: The employer fails to report your injury or misclassifies the status of your employment. 
• Mentally unstable survivors: Sometimes, the survivors of the accident may not be in the right mental state to file a claim within the given duration of time. 

Conclusion 

• The statute of limitations is the legal deadline before which an amputation injury claim has to be filed.
• Each state has its own statutes of limitations. 
• In Riverside, California, you have 30 days to report the injury to the employer and one year to file a workers’ compensation claim. 
• For third-party claims, the deadline is 2 years from the date of injury. 
• A few exceptions include delayed discovery, employer misconduct, and mentally unstable survivors.