QUESTION
Can I still press charges if I was injured at work 19 years ago?
Asked on Feb 26th, 2013 on Personal Injury - Missouri
More details to this question:
I was injured at work 19 years ago. My injury caused permanent nerve and muscle damage. Over the years, I have been plagued with a lot of pain.
11 ANSWERS
19 years is probably too late.
Answered on Apr 01st, 2013 at 2:44 AM
Indiana law gives you only 2 years from the date of the accident to file a claim. It sounds like it's too late to me.
Answered on Feb 27th, 2013 at 8:58 PM
Ronald A. Steinberg
Probably not. You waited too long.
Answered on Feb 27th, 2013 at 8:57 PM
James Eugene Hasser
Its too late for a claim for compensation, but it's not too late to make a claim for medical treatment. You have to make a compensation claim within 2 years from the date you are hurt or are last paid comp, whichever is later, but medical benefits related to your injury are open for life. However, you will have to have the doctors say that your current condition is due to your work injury from 19 years ago. With the passage of so much time, that might be difficult or impossible to do. Your best bet is to go to the Doctor who last treated you at or nearest the time of the accident.
Answered on Feb 27th, 2013 at 4:10 PM
Thomas Edward Gates
You do not have a claim for damages, since the statute of limitation has run.
Answered on Feb 27th, 2013 at 4:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Dont think so. You have statutes of limitation, statutes of repose, the doctrine of laches (all of these say you have to move quickly to deal with legal matters) why would any reasonable person wait 19 years to deal with an injury?
Answered on Feb 27th, 2013 at 4:10 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In South Carolina, it would be too late.
Answered on Feb 27th, 2013 at 4:09 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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"Press charges"? If you mean that someone injured you on purpose as a criminal act, it is way too late for that. If you filed a comp claim within two years of its occurrance, there is a possibility it is still open or could be re-opened. If you are talking about bringing a lawsuit against a third-party, the statute of limitations is 3 years.
Answered on Feb 27th, 2013 at 4:08 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Normally, in workers compensation laws, there is a statute of limitations and it is normally one year from the date of injury. However, there are ways to toll the statute. For example, if the employer is providing benefits then the statute starts to run one year from the last provision of benefits. So, if every year the employer was providing some benefit such as medical treatment, then the one year starts from the the last time the benefit was conferred. Also, another way to toll the statute is if the employer failed to give notice of your right to file a claim if the employer knew about it. You can check California Labor Code Sec. 5404 et. seq. for the time limitations.
Answered on Feb 27th, 2013 at 4:08 PM
Monica Cecilia Castillo-Barraza
Need more information, but the statute of limitations for personal injury in California is 2 years from the injury date.
Answered on Feb 27th, 2013 at 4:07 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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No dice. You only have 5 years to file a law suit, and 2 years to file a workers compensation claim. Typed one finger style. Hunted and pecked.
Answered on Feb 27th, 2013 at 4:07 PM