QUESTION
Can I file a lawsuit for my personal injury?
Asked on Nov 04th, 2011 on Personal Injury - Massachusetts
More details to this question:
I have been on workers compensation for 3 1/2 years, I have had several ankle and foot surgeries, I will never be able to work or live like I am used to, can I sue for this? Can I file a personal injury lawsuit and not just the WC?
24 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Generally, you cannot sue your employer for the personal injury, as work comp is the only remedy available against them. You generally can sue other parties at fault besides your employer, but in Indiana, you would have had to file suit within two years of the incident that caused your injuries. It appears you may very well be outside the statute of limitations, depending upon the State in which you reside. You should consult a personal injury attorney in your area to determine if you can still pursue a claim or not.
Answered on Feb 17th, 2012 at 12:24 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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In Oregon, you cannot file a lawsuit against your employer for a claim that could be covered by worker's compensation. If you were injured at work, but it was due to the negligence of a third party, you can sue that third party for your injury. However, the statute of limitations in Oregon for most personal injury lawsuits is two years.
Answered on Nov 08th, 2011 at 5:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You provided no facts to be able to answer whether you can step outside of the WC arena. There are few exceptions to do so as the idea is for all workplace injuries to go through WC. Hopefully you have a WC attorney to get you some long term benefits and compensation.
Answered on Nov 08th, 2011 at 8:27 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You cannot sue your employer and the Statute of Limitations is 3 years.
Answered on Nov 07th, 2011 at 1:28 PM
Probably not but you should still have a lawyer review the facts. Workers' compensation benefits are basically what injured workers get paid; they forego any personal injury claims against their employer. You can sue co-workers for gross negligence but that is very hard to prove and win. Against third-parties who are responsible for your injuries due to their negligence you can sue them, but you should already done that if there was a claim. Most of those claims have a two-year statute of limitations on them. So you might want to see a lawyer very soon to find out if it's too late.
Answered on Nov 07th, 2011 at 8:38 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You cannot sue your employer for on the job injuries. Your exclusive remedy is workers compensation. If a third party other than your employer caused the injury, then you could sue the third party, but you would have had to file suit within three years of the accident.
Answered on Nov 07th, 2011 at 7:50 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In NC you are stuck with worker comp only as against your boss. You will get a small lump sum for your permanent injuries but not nearly enough.
Answered on Nov 07th, 2011 at 7:40 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The statute of limitations on a regular negligence claim is three years.
Answered on Nov 05th, 2011 at 1:03 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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It depends on the facts of the case. Sometimes a WC recipient can sue in addition to receiving WC benefits.
Answered on Nov 04th, 2011 at 11:42 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. There is a three statute of limitation and you can't sue coworkers or your employer.
Answered on Nov 04th, 2011 at 5:48 PM
Assault Attorney serving Richardson, TX
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If the injuries are all job related, you are limited to filing under the workman's compensation rules.
Answered on Nov 04th, 2011 at 5:13 PM
John D Duncan
Generally, personal injuries have a 2 year statute of limitations, and it sounds like you are outside that window. There may be an exception depending on your circumstances that could allow a personal injury suit, but in any event you should contact a personal injury attorney to guide you.
Answered on Nov 04th, 2011 at 4:35 PM
New User
The time to file a lawsuit has probably expired. Most suits must be filed within 3 years. Also, if you are covered by WC you may be limited to those benefits unless you can show the injury was the fault of a third party.
Answered on Nov 04th, 2011 at 4:35 PM
Steven D. Dunnings
WC is your only remedy.
Answered on Nov 04th, 2011 at 4:34 PM
Unless there is another entity besides your employer or fellow employee that caused this accident (an outside entity that we can say was negligent), you cannot sue for pain and suffering. Worker's compensation is the only thing available because you were hurt on the job. However, given the severity of your injuries, you may be able to lump sum your case and you can receive what is called a lump sum settlement. It also takes into account permanency. Your medicals stay open forever.
Answered on Nov 04th, 2011 at 4:23 PM
In Utah, the statute of limitations for personal injury (negligence) is 4 years. If you were injured 3.5 years ago you should find out for sure what your rights are, as soon as possible. If you were injured on the job, workers compensation will cover any injuries caused by the employer, co-employees, or yourself. If your injury was caused by the negligence of a third-party, then you would have a claim against that third-party.
Answered on Nov 04th, 2011 at 4:15 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You would only be allowed to bring a personal injury claim against a third party who contributed to your accident, such as an injury from a dangerously designed piece of equipment may give rise to a claim against the equipment manufacturer. However, even if a third party perhaps contributed to your injury it is no longer possible to bring a personal injury claim because of the length of time that has passed. In Colorado you must file your personal injury claim within two years of your accident or lose your right to do so.
Answered on Nov 04th, 2011 at 4:14 PM
You probably can only seek relief for your work-related unjuries underyour State's worker's compensation laws. If you have any permanent impairments, you should make sure that you obtaincompensation for them also in your worker's compensation case and settlement.
Answered on Nov 04th, 2011 at 4:14 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Typically, you can only sue for personal injury against an entity that is not your employer. So if you were hurt at work and it was part of your scope of employment and it is not the fault of someone other than your employer or their employees, you're probably out of luck. Also, the statute of limitations in NY is typically 3 years from the date of injury so you have time issues too. Go see a personal injury or worker's compensation attorney for a better explanation.
Answered on Nov 04th, 2011 at 4:14 PM
Barring extraordinary circumstances in which you can demonstrate that your employer intended to injure you, or extremely reckless behavior of a co-worker caused your injury, your only opportunity to sue would be as to a third-party - someone other than a co-worker or your employer - whose negligence caused the injury. Unfortunately, even if there were a potentially liable third-party, the Statute of Limitations for personal injury claims in North Carolina is three (3) years, and it appears as though your injury may have occurred more than three years ago. To ensure you are receiving all the benefits to which you are entitled under the workers' compensation system, you should consult with an attorney who practices workers' compensation.
Answered on Nov 04th, 2011 at 3:52 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, workers compensation is your exclusive remedy if you suffered an injury on the job and there is no third party liability. Third party liability meaning someone other than a co-worker or employer was responsible for your injury. Even if there was some third party liability your legal right of recovery would be lost if no action has been taken 3 years post injury. In Louisiana, you have one year from the date of the incident to file suit against the tortfeasor.
Answered on Nov 04th, 2011 at 3:52 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Maybe, but it's impossible to tell without more facts. Missouri workers compensation is the exclusive remedy for work-related injuries. However, if a coworker was negligent, if you were hurt on someone else's property while performing your job or in automobile wreck while working, you may be able to pursue a personal injury lawsuit. You should speak to a qualified injury attorney immediately. There are statutes of limitation which will bar a claim that is not timely filed. Likewise, a claim for workers compensation will have a deadline as well. Don't assume that just because you are receiving workers compensation benefits means that a formal claim has been filed.
Answered on Nov 04th, 2011 at 3:52 PM
That depends on whether there is third-party, independent of the employer, who was responsible for your injuries.
Answered on Nov 04th, 2011 at 3:52 PM
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Perhaps. It depends upon the circumstances of the injury, and whether or not a 3rd party was at least partially responsible.
Answered on Nov 04th, 2011 at 3:52 PM