Can I sue for my Slip and fall injury?

Question

I have a shoulder injury that will require surgery. I am covered for workman’s comp. by my employer but it happened on someone else’s property and by their employee’s negligence. How long do I have that I can sue the third party?

Spencer Farris · Answer

Yes, you can sue the property owner separately from your workers’ compensation case. You should not wait to begin the process until your workers’ compensation matter is over, as evidence will be harder to gather the longer you wait. The statute of limitations for a slip and fall in Missouri is five years typically. If the property was owned or managed by a state or a federal government entity, however, there are often notice requirements that are much shorter- a matter of weeks!

William C. Gosnell · Answer

You have one year to sue a third party but if you were at work workmen's comp is your sole remedy.

Vincent Bernabei · Answer

Usually 2 years from the date of injury in Oregon.

New User · Answer

The statute of limitations in WA is three years. You must file before the expiration of that time.

Paul Whitfield · Answer

3 years from date of injury.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Christopher Earley · Answer

You have, generally (and there are exceptions) three years from the date of injury to file a third-party action.

William Allen · Answer

4 years from the date of the incident in Florida if a claim for negligence against the 3rd party.

Jon R. Moore · Answer

Three years from the date of injury.

Lawrence Ramunno · Answer

2 years in Delaware but you should wait that long.

David Van Sant · Answer

Yes you have both a personal injury claim and workers comp claim.

Timothy Riley · Answer

Two years.

James Kelaher · Answer

In Florida, you have 4 years. Talk with your comp attorney about referring you to a personal injury attorney is he or she doesn't handle personal injury cases.

David Stoddard · Answer

You can sue the third party.  You have three years from the date of the accident to sue, unless the third party is a government entity or charity, in which case you have two years.  Good luck.

Jared Altman · Answer

Yes. You may be able to sue.  Both the owner and operator of property have responsibilities to passersby not to cause injury through negligence. You should consult with an attorney immediately.

Bernard Huff · Answer

Yes, you may seek redress against the other employee and the property owner. Contact and consult with an attorney who handles slip and fall and accident matters.

Francis Paul Hajek · Answer

Virginia slip and fall injuries usually are governed by a two year statute of limitations.  You should be aware that the worker's compensation carrier will probably assert a lien against any personal injury recovery.  Slip and fall injury claims are complicated and an experienced injury attorney can help you present your claim effectively.  Don't wait until the end of your limitations period to act.  Evidence needs to be gathered and preserved and delay only helps the defendant.

Travis Prestwich · Answer

Yes, you can bring a claim against the negligent third-party.  In fact, this is referred to as a third-party claim under worker's compensation. There are some things to do in order to bring a claim.  You would need to file what's called a "notice of election."  You should speak to an attorney about timelines, requirements, etc., as soon as possible to protect your claim.

Steven D. Dunnings · Answer

How is it that you are covered by your workmans comp carrier through your employer. If this was a work related injury, then comp is your only remedy.

Joseph Lipsky · Answer

There is a four year statute of limitations on negligence cases in Florida. Because of the complex issues involved in cases in which there is also a workers compensation claim, we strongly recommend you consult with a firm like ours, which only handles personal injury cases.

Richard Lowell · Answer

Under normal circumstances, you have 3 years. Typically, L&I will contact you and ask you to make an election. Either they will ask you to give your claim over to L&I to bring on your behalf; and they will hire an attorney and pay you any settlement or judgment based on a complicated computer formula.  Alternatively, you can hire your own attorney; but agree to reimburse L&I out of any settlement - again, based on that formula.

Steven Fink · Answer

You can definitely sue the third party that caused your injury. You have 2 years from the date of the accident to file suit.

Andrew Myers · Answer

The question is not how long you have to sue. The question is how quickly can you start to have an investigation so that the evidence is as fresh as possible, including the workers compensation carrier's file. Never delay on a matter like this.

Josh Lamborn · Answer

The statute of limitations in Oregon for slip and fall is 2 years.  If the third party is a public body be sure to send a tort claim notice within 6 months as well or else you will probably lose your right to sue.

Lyle Masnikoff · Answer

You have 4 years in State of Florida to bring a personal injury lawsuit. You should get a workers compensation attorney and a personal injury attorney.

Earl Straight · Answer

In Texas you have two years from the date of the accident.  Note that your workers comp carrier will have a lien against your third party settlement.  When you settle your claim against the third party, you will need to negotiate with your workers comp carrier to pay back their lien.

Robert Lucky · Answer

Yes, you can sue for your slip and fall injury. The question becomes who will you be suing and what is the likelihood that you will be successful. In Louisiana, there are several statutes that protect certain types of establishments, such as merchants. Additionally, because you were in the course and scope of your employment, there are issues with workman's compensation that must be addressed as well. In Louisiana, one typically has 1 year from the date of the incident to sue a liable/ negligent party.

Timothy Klisz · Answer

It is possible, and you comp carrier would have a lien on the claim to the extent of their outlay, but it really depends on your damages. You have three years to sue on a slip and fall.

Ronald Lowry · Answer

Yes, you can file a lawsuit for a slip and fall injury such as you described as long as you do not sue your own employer or a co-employee. There is a two year statute of limitations in Georgia for filing personal injury actions such as this. You should be aware that the Workers' Comp carrier has a subrogation claim for the money it paid to you or on your behalf and may try to get reimbursement out of the proceeds of any recovery on your injury lawsuit.

Russell Gray · Answer

The statute of limitations in Utah is four years.  In order to win a  slip and fall case, you have to show that there was an unsafe condition  on the property where the fall occurred.  If the unsafe condition was  temporary, you have to show that the business knew or should have known  about it.

Garrett S. Handy · Answer

In a case like this, the statute of limitations would likely be four years; however, under some circumstances (such as involving a governmental entity), the statute of limitations may only be one year.

Paul Bovarnick · Answer

If the property owner was negligent in a way that caused your injury, then you may have a good claim against the property owner.  You have two years to sue the property owner, but you must formally notify the comp carrier of you intention to do so.  If you do not, the comp carrier can make a claim on your behalf to recover the benefits they paid you.  If the comp carrier makes the claim, then as a practical matter you are unlikely to receive much, inf anything at all, for yourself.  You should contact a lawyer who handles both comp cases and personal injury cases.

Eric Rothstein · Answer

Yes, you can sue a third party for its negligence. Assuming it is a private entity, you have 3 years to sue from the date of the accident. I am a former federal and State prosecutor and now handle personal injury cases so I would be happy to discuss the case with you. Feel free to check out my web site and contact me.

Morris Lilienthal · Answer

Under Alabama law you can file what lawyer's call a third party case.  This situation occurs when someone is injured on the job as the result of some 3rd pty's negligence.  For example, if you are driving the company truck and going through an intersection and another driver runs a red light and causes you injuries you have both a Workers compensation claim and a third party claim against the driver of the other vehicle.  Your workers compensation carrier should be placed on notice of this third party suit as they have a subrogation right to recoup what they have paid on your behalf and to you in medical bills, wages and disability.  The general statute of limitations for a negligence claim in Alabama is two years; however, there can be some exceptions.  I would recommend you speaking with an experience Alabama personal injury lawyer.  Best of luck.

Mark Sternlicht · Answer

North Carolina has a 3 year statute of limitations for a negligence case like yours.  That is the time in which suit must be filed.

Steven Shaw · Answer

In the State of Washington, you have three years from the date of the injury before you are time barred by statute from suing the at fault party.

Scott Anderson · Answer

If the premise's owner was negligent, and did not keep the premises in a reasonably safe condition and that condition caused your injuries, you may have a separate cause of action against the premise's owner. For personal injury claims in Montana, the statute of limitations is typically three years but many claims can be resolved through settlement without filing suit if they are addressed soon enough. You need to speak with an attorney to thoroughly evaluate your case and review the facts. I would be happy to discuss your case with you if you would like.

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