QUESTION

Can I sue a previous employer?

Asked on Jul 31st, 2013 on Labor and Employment - Indiana
More details to this question:
I worked in a factory building circuit boards, was in daily with lead, flux, and electronic parts. Asked them for MSDS information because I was having some health problems. I ended up getting OSHA involved, resulting in my employment being terminated. I am having some weird symptoms and am thinking it was from past exposure. Osha also screwed up. Osha also stated that the effects of my exposure may have effects later in life. This was back in 2006/2007. Can I sue them? Unfortunately when I asked my Doctor if my symptoms could be related, he blew me off. Just wondering what the statue of limitations was on it.
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6 ANSWERS

What is the last day of work?
Answered on Aug 01st, 2013 at 4:21 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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It sounds like you have a case for wrongful termination. It violates the law in California (and most other states) for your employer to retaliate against you by firing you for making reports to OSHA. You may also have a workers compensation claim for your illness.
Answered on Aug 01st, 2013 at 1:07 PM

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An employee is usually limited to a workers compensation claim for an on the job injury. You should speak with a w.comp attorney. I do not handle those cases. There is a time limit, so you should do this soon. I am sorry, but I can not give you an answer.
Answered on Aug 01st, 2013 at 12:49 PM

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You may have a case but you may have a statute of limitations problem. Therefore, it mainly depends on whether you can prove the exposure you experienced back then has since caused your current health problems. Without more information, it is difficult and would be irresponsible to say much more.
Answered on Aug 01st, 2013 at 9:56 AM

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If you are alleging that your employment caused you to become ill then your only real course of action is to proceed under the Pennsylvania Workers? Compensation Act. You must notify your employer within 120 days of an injury occurring and bring a claim for benefits within three years thereafter. Unfortunately, you are likely unable to bring a claim. It may also be possible for a wrongful termination if you were terminated for notifying OSHA. While another attorney may be able to better assist with an answer on this possibility, it is likely that the statute of limitation for such a claim has also passed.
Answered on Aug 01st, 2013 at 8:58 AM

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Criminal and General Civil Litigation Attorney serving Warsaw, IN
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In Indiana, if the prior employer had workers compensation insurance, you cannot sue the employer for work related illnesses.
Answered on Aug 01st, 2013 at 8:01 AM

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