QUESTION
How long does one have to file a lawsuit for workers compensation?
Asked on Sep 16th, 2013 on Personal Injury - Indiana
More details to this question:
My husband had abs accident in Jan. 2010, he was released back to work in May out June of the same year. His employer basically told him they didn't have anything for him, so he was "laid off". We tried to for a lawsuit but the lawyer set our car to the side then called almost a year and a half later, telling us to go to the chiropractor and demand to be seen at the expense of workers comp. We didn't. My question is: has it been too long to seek legal help now? We have struggled since he lost the job. He needs help with his back but we have no insurance.
9 ANSWERS
Ronald A. Steinberg
I believe it is 2 years, in Michigan.
Answered on Sep 30th, 2013 at 2:17 AM
If your previous attorney filed the claim and application you may still save his case. So he may be still covered by worker's compensation laws and he is entitled to ongoing medical treatment, for temporary disability benefits' a settlement permanent disabilities and future medical care.
Answered on Sep 23rd, 2013 at 4:54 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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IN S.C. 2 years from the date of the accident. The only way you could file a claim know is if you have already filed a claim (for example, if the employer paid some of your medical bills, this might be considered a claim).
Answered on Sep 18th, 2013 at 8:51 AM
James Eugene Hasser
In Alabama, you have 2 years from the date of injury or last payment of compensation, whichever is later, to file a claim for comp benefits. There are no time limits on filing a medical benefit claim. Good luck.
Answered on Sep 18th, 2013 at 4:28 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Comp cases must be properly documented and file promptly. You have waited much too long .you have confused me. you had treatment. The comp carrier paid, then boss laid you off? I don't understand your facts/ if you settled that was the end of it.
Answered on Sep 18th, 2013 at 4:27 AM
Thomas Edward Gates
You had 3 years from the date of the accident to file a lawsuit. You might be able to sue your attorney for not properly handling your case because of the missed opportunity.
Answered on Sep 18th, 2013 at 3:44 AM
You need to see an attorney right away. You have either 2 years following the accident or if weekly benefits are paid 3 years from the date when last paid. Medical does not count.
Answered on Sep 18th, 2013 at 3:38 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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One doesn't file a lawsuit for worker's compensation. One files a claim. Let's hope this was already done, since the time limit is 2 years. If so, you can and should get a new worker's comp lawyer in your area who can get the case re-instated.
Answered on Sep 18th, 2013 at 3:38 AM
4 Awards
If no formal complaint was filed by now, you cannot proceed against the employer. However, depending on the time frame, it sounds like you may have a claim against the attorney. You should contact a local attorney to discuss specific dates and to review the agreement with the prior letter who represented you.
Answered on Sep 18th, 2013 at 3:31 AM