A major issue is whether your father still has the full ability to participate (meaning to make important decisions without help) in any claim or suit. This appears to be an issue since you are wondering about how you can file. So let’s first look at California’s rules in conservatorship…meaning cases where someone may need to be formally appointed by a court to help him in considering all of his legal claims. After that, I’ll go into some of the more affordable legal options to try and represent your father’s best interests.
 
California Rules Of Conservatorship
 
It’s important to discuss what provisions for handling your father’s property may already exist. The point is to protect his interests and wishes fro managing his property. There might be a living trust, for example. Regardless of what he has, you may need to petition for appointment as a conservator with a California Probate Court. Here’s a place to find the correct probate Court: http://www.courts.ca.gov/find-my-court.htm.
 
Whether there are other people who might claim some assets, or a right to speak for him, is obviously important. Is he married, separated, or divorced: are there other children, from one or more marriages? Here’s a case where a son sought conservatorship, and encountered bitter opposition from a sibling…http://caselaw.findlaw.com/ca-court-of-appeal/1282674.html.
 
 
 
Try To Get Affordable Legal Assistance
 
You can easily explore what forms you need to file for conservatorship. California has a very good “self help” section of law for filing, whether for conservatorship http://www.courts.ca.gov/selfhelp-seniors.htm (there’s even an interactive Google map, to locate a self-help location near you) —or possibly even to begin a lawsuit regarding the workplace injury… http://www.courts.ca.gov/superiorcourts.htm.
 
It is also very important to consider the issue of time limits as you consider what kind of help to get. If your father has been incapable of filing the suit, then there are protections from having the clock “run out” on his claim, perhaps until the issue of his being represented is settled. Usually, there’s a two year limit on a personal injury claim, although there are occasionally exceptions. But as a general rule, it’s never worth waiting to file a claim or suit pas that time.
 
If your dad now has a disability, you can get help here: http://www.disability rightsca.org/. Find a local office of California legal aid, http://lawhelpca.org/ or screen for a lawyer who will take the case only on contingency, with no cost unless he wins… http://www. calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx.
 
At Work Injuries, Special Rules
 
When someone is hurt at work, there are special rules on law suits versus worker comp claims. The rules may change, depending on whether it was a federal, state, or local government employer (the time to sue is much less), your dad owned the company or was a salaried worker, what was being done at the site, who caused the injury, and whether your dad has already asked for workers compensation coverage from the state.
 
The rule of thumb is that only work-related injuries or illnesses are covered by workers comp. http://www.dir.ca.gov/dwc/injuredworker.htm. If the accident involved a non-work incident (such as being hurt by a third party who came onto the property), then your dad has a civil complaint. That civil complaint may involve other issues, too, that complicate any claim. For example, if the employer failed to provide adequate security or protections for its workers.
 
Besides this third party sort of claim, there are other exceptions to the limited rights to sue under workers comp:
 

• If your dad was hurt by a defective product at work, he might be able to bring a products liability suit against the company that made the product.


• If your dad were hurt by toxic exposure, your dad might be able to bring a toxic tort lawsuit.


• If your dad were injured because of an employer’s intentional or outrageous act, your dad then might be able to bring a personal injury suit. This is the most common example of grounds to recover beyond workers comp.


• If your dad’s employer didn’t carry any workers comp coverage, he might then be able to sue the employer in civil court or even collect from California’s state comp fund.