Visitor Question

Injured Elbow After Falling in a Grocery Store…

Submitted By: Macall (California)

I was in a grocery store 4 years ago (2007) and slipped and fell on some liquid that had previously been spilled. I injured my head and my elbow severely. My elbow split open and was bleeding. I had to get stitches in my elbow and wear a brace for a month.

I was a nanny at the time and could not perform my job for a month. I did not want to file a lawsuit. I only wanted compensation for the month I missed work and my hospital bills. They gave me $118 for my hospital visit, that’s it. I never took the money and they still keep writing me to have me sign for it and accept payment.

My elbow has had a lot of pain since the accident and it’s healed hideously. I want to have my elbow deformity fixed and I want to be compensated for the lost hours of work as well. Please let me know what I can do, if anything. I never signed anything with the grocery store.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Macall,

Regrettably in the State of California there exists what is called a “Statute of Limitations”. The term Statute of Limitations means the time period in which a person has to either settle a Personal Injury Claim or file a lawsuit. In the State of California the Statute of Limitations period is 2 years.

Although the chance of recovering any compensation for your injuries is quite remote, it wouldn’t hurt for you to contact your former employer and ask if they would consider paying for your surgery.

If your former employer carried Workmans Compensation insurance there is a chance a claim may have been filed on your behalf at the time of your injury. From the facts you present it appears your employer offered you $118.00 dollars. If this money was offered through your former employer‘s insurance company, there is a remote chance there still exists a claim which was opened on your behalf.

If your former employer refuses to cooperate with your reasonable requests for information, you might consider contacting a Personal Injury Attorney for advice. Most will not charge a fee for an initial office consultation. At a minimum you will understand your rights and the obligations and responsibilities your former employer owes to you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 11, 2011

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