QUESTION
can I still sue my employer for negligence if my personal injury claim has been ongoing in workmans compensation for 2 years
Asked on Nov 05th, 2012 on Personal Injury - California
More details to this question:
I sustained a head injury 2 years ago Oct 15th 2010. Workers comp is still ongoing . Do I have to settle with them or am I able to be represented by a personal injury attorney?
3 ANSWERS
In most every work injury claim, the only remedy against the employer is workers compensation. Depending on the facts of the case, there may have been some case against a third party (i.e. a defective product contributed to causing your injury). However, the statute of limitations on a personal injury claim is 2 years and that has gone by. If you believe someone other than your employer is responsible for your injury, you should speak with a personal injury attorney to see if there is something there.
Answered on Nov 06th, 2012 at 9:12 PM
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Dennis K. Thomas
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In California, a workers' compensation claim can ONLY be filed before the Workers' Compensation Appeals Board.
Answered on Nov 05th, 2012 at 10:39 PM
1 Award
Probably not, at least not in CA. The 2 year Statute of limitation has expired. Also, worker's comp. is the exclusive remedy for on the job injuries, so you have no claim against your employer.
Answered on Nov 05th, 2012 at 10:39 PM