How long do I have to file a personal injury lawsuit?

Question

I got hurt on the job in 6/19/09 and then again in 7/30/10. I suffer from crps rsd  and in the second injury, I hurt my back. I'm currently 100 percent disabled because of these injuries. I did get a small settlement from workers comp but I shouldn't have been doing these deliveries anyway. I was hired as a sales rep not a delivery person. I delivered these items not equipped with right clothing. I was dressed to be a sales rep so I had on dress shoes and wasn't  given any back brace. I also slipped and fell coming out of the bathroom because there was a leak in the ceiling and black mold all over the bathroom.

Lisa Hurtado McDonnell · Answer

These are workman compensation claims and not personal injury claims and you already said that you have settled with workman compensation

Monica Cecilia Castillo-Barraza · Answer

In California, generally the statute of limitations for a personal injury action is two (2) years from the date of injury.

Rivers Morrell · Answer

In California, you have two years from the date of your incident to file a lawsuit.

Dustin Deissner · Answer

Sorry to say but you have three years from the date of injury. Also you  can't sue your employer under most circumstances if L&I applies.

Andrew Velonis · Answer

You can't sue your employer even if they were negligent because your only remedy against them is Worker's Compensation. Did you get your settlement based on both injuries, or just the first? If it's just the first, then you can probably go back and get it adjusted, due to the second accident. There may be a possibility of going after someone other than your employer, with regard to the slip-and-fall, for example if there was a maintenance company or janitorial company that should have prevented or corrected the conditions which caused you to fall. If it is in NY, you have three years from the date of that accident.

Stephen Lombardi · Answer

Answer: A problem inherent in answering questions on a Q&A website is  the  inability to ask questions to extract further information which can result in bad legal advice. This is one of those times when it's not possible to answer the question because there isn't enough information. What you describe is a workers' compensation claim but ask about what appears to be a slip/fall case on private property, a premise liability issue in a third-party lawsuit. You do not describe the workers' compensation settlement in enough  detail to know how you  settled it or the terms. Without that information there is no basis for a lawyer to render advice of any value. See a lawyer and  with you bring the settlement documents from the workers' compensation case.

Josh Lamborn · Answer

In Oregon, you may not sue your employer for a work related injury that would be covered by workers comp.  You may sue negligent third parties for their negligence eve if you we're working at the time, however there is a two year statute of limitations.  If the negligent party is a public body or entity you need to be aware of the Oregon tort claims act which requires that you provide notice to them of your intent to sue within 6 months of the injury.

Paul Whitfield · Answer

First if you made a settlement that is likely all she wrote. What do you think a "settlement" is but a "settlement" sometimes you can reopen a compensation case for a "change in condition" with in 2 years. Looks like you may be too late 4 years later. In any event see the best worker compensation lawyer you can find and ask him to review your case.

James Eugene Hasser · Answer

For a compensation claim you have 2 years from the date of injury or last payment of compensation, whichever is later. For a third party lawsuit, you had 2 years from the date of accident.

Farzad Sabzevar · Answer

You  must report the injury immediately and ask your employer to refer  you  for medical treatment. Any delays only hurts your case.

Jeffrey Strickland · Answer

In Tennessee, unless your employer intentionally meant for you to be injured, your only right of recovery is workers' compensation. In essence, you have one (1) year after the date of last authorized medical treatment or last payment to you for benefits, whichever is later, to file for a benefit review conference ("BRC") with the Tennessee Department of Labor and Workforce Development. After the BRC, you have ninety (90) days to file suit. Your two work injuries (based upon the date you provided) would be dealt with separately, unless the settlement covered both. If there is a potential claim against a third party, you had one (1) year to file suit.

Nick Ortiz · Answer

In Florida, you have four (4) years to file a personal injury lawsuit against an at-fault defendant. If your injuries were suffered during the course and scope of your employment, then workers' compensation applies. However, that is not the end of the inquiry. If the slip-and-fall was on the property of someone other than your employer, and the dangerous condition existed because of the negligence of the property owner, you may have a "third party" personal injury negligence claim against that property owner. This claim would be separate and apart from the workers' compensation claim. Some attorneys miss this "third party" claim that is separate from the workers' compensation claim. You should contact an experienced slip-and-fall attorney to discuss further.

Thomas Edward Gates · Answer

You have missed the statute of limitation to sue.

Mark T. Peters · Answer

Sorry, workers compensation is your only remedy.

Edward Nitkewicz · Answer

3 years in NY. On another note, you cannot sue your employer.

Ronald A. Steinberg · Answer

Each state has its own time limits, called Statute of Limitations.  The 2009 accident might be too old. You need to consult with a lawyer.

Arman Moheban · Answer

You need to retain an attorney.

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