QUESTION
Can you sue your former employer for carpal tunnel if you have not worked for over one and a half years?
Asked on Sep 12th, 2012 on Personal Injury - Georgia
18 ANSWERS
Ronald A. Steinberg
I think you have 2 years to sue.
Answered on Sep 21st, 2012 at 4:31 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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It is still possible to sue your former employer for carpal tunnel even if you have not worked for over 1.5 years. Generally, the statute of limitations for workers' compensation cases is the later of: (1) the date of your injury or (2) the date of the last payment by the employer or its workers' compensation insurer. Other possible issues that may make it difficult to win your case include, but are not limited to: when your carpal tunnel developed; what caused your carpal tunnel such as a specific injury or due to repetitive motion; when, and if, you notified the employer about your carpal tunnel; whether your employer or its insurer has paid any money toward your carpal tunnel. I would suggest talking to a workers' compensation lawyer. Most offer a free intial consultation so it will not cost you anything to learn more about your rights and options.
Answered on Sep 20th, 2012 at 11:49 PM
Doubtful, unless you can show that the condition origiated with your employment, the condition was documented prior to your leaving that employment, and has never healed, AND you have not engaged in any activity which could have aggravated the condition.
Answered on Sep 17th, 2012 at 4:25 PM
WHY did you wait so long? You'll have trouble connecting the C.T. with your old employment.
Answered on Sep 17th, 2012 at 4:25 PM
Tough case, but I've done it. You just need the right set of facts.
Answered on Sep 17th, 2012 at 4:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Generally the time to file is within one year of the cessation of your employment, but you should contact a worker's compensation attorney immediately for a free consultation to see if you can still bring a case.
Answered on Sep 17th, 2012 at 4:23 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to meet with an experienced workers' compensation attorney.
Answered on Sep 17th, 2012 at 4:23 PM
Maybe. What caused the physical problem?
Answered on Sep 17th, 2012 at 4:22 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Probably not, but you might want to consider consulting with a worker's comp attorney to be on the safe side.
Answered on Sep 17th, 2012 at 4:22 PM
Yes. Your injury falls under California Workers Compensation law. There are several circumstances that will extend your deadline to file a claim. For example, if you treated with a doctor during your employment period, then your time to file could be extended for an additional 5 years!! There are several other circumstances that could apply. You should seek the advice of counsel immediately to discuss this issue in more detail. You could be entitled to up to $3900 per month for your injuries.
Answered on Sep 17th, 2012 at 4:22 PM
You should contact the Indiana Worker's Compensation Commision to see if you still can file a work-related complaint involving an injury which occurred with your former employer.
Answered on Sep 17th, 2012 at 4:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't sue employers for work related injuries. You file a worker comp claim. If you have clear evidence of the injury, even tho it is technically too late you might make the case fly. See a good worker comp lawyer and ask his help. Normally cvlaims are brought timely and arer shown to be the result oif work. In your case after a year and a half it is hard to say. What does your dr say? Without a doctor you won't get to first base anyway.
Answered on Sep 17th, 2012 at 4:21 PM
Lisa Hurtado McDonnell
You sure you can file a workman compensation case. Did you notified your employer at the time of carpel tunnel? Did you go to a doctor at during that time?
Answered on Sep 17th, 2012 at 4:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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In Montana, there is a one year general statute of limitation on reporting carpal tunnel. When did your doctor tell you? Call the Montana Dept of Labor in Helena and ask to report an Occupational Disease claim. If you are denied, we'll look at the denial letter and any medical records you have.
Answered on Sep 17th, 2012 at 4:20 PM
Thomas Edward Gates
Unlikely to prevail.
Answered on Sep 17th, 2012 at 4:20 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You might have a workers compensation case, although it is very late to begin. Consult a qualified attorney.
Answered on Sep 17th, 2012 at 4:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You cannot sue your (former) employer for negligence. Your can file a Worker's comp claim for medical expenses and time out of work. The statute of limitations in NY is two years.
Answered on Sep 17th, 2012 at 4:19 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Possibly. Feel free to contact an attorney.
Answered on Sep 17th, 2012 at 4:18 PM