1 year 11 months ago I was injured at work due to a prank, I was put on light duty after the injury. I was in charge of the department so this allowed me pick what work I was able do and not miss any days of work. I am 67 years old and left work on Dec. 23, 2016, I just went to a Dr. to find what % of permanent disability I have, results not in. I understand that you have 2 years to prosecute and we are just about there.
There is no 2 year rule so you don't need to worry about that.
I'm concerned that you went to a doctor to find what % of permanent disability you have. Does that mean you went to a qualified medical examiner? You didn't pick the specialty and doctor by yourself did you? If so, that's a recipe for disaster. When you get that report, I recommend you get in to see a good WC lawyer immediately. If this has been hurting for 2 years and you're 67 years old, this is a significant injury. Don't play in a game you don't know. Engage a pro. Use the "Find a Lawyer" tab at the top of this page to find a top rated WC lawyer in Redding/Chico.
Did you already report the incident to law enforcement? The statute of limitations for a misdemeanor is 1 year, the statute of limitations for a felony is generally 3 years.
Is the incident a crime? Perhaps it is a civil battery?
I doubt the DA's office will file charges unless you previously filed a police report. Maybe civil remedies are your only recourse against the person who injured you, but do they have money for you to collect your judgement on?
You should ask this question to your workers' comp attorney who knows the facts of your case.
Only the District Attorney can file criminal charges.
You can make a report to law enforcement, but it's unlikely the DA will be very enthusiastic about prosecuting if you didn't make a police report when it happened. If the person wasn't arrested back then, he probably won't be arrested two years later.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
I think you're looking to sue, and not necessarily get him arrested. Its unlikely a criminal prosecution would occur 2 years later, assuming a crime was actually committed. You being hurt due to a prank doesn't necessarily mean a crime occurred.
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