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I live alone and was injured in a workplace accident. I spent the last three months recovering and paid all my medical bills because luckily I was financially able to do so without too much inconvenience. I am now thinking about taking this case to court and hiring an attorney but the injuries are mostly gone. Is it too late to for a personal injury case?
17 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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In New York, you likely cannot sue for your workplace injuries but should be eligible for compensation through the Workers' Compensation insurance. Try filing a claim at https://www.wcb.ny.gov/onlineforms/accessEC3.jsp or call 1-866-396-8314 You should have done this right after the accident, but might have your claim approved even now.
Answered on May 14th, 2015 at 3:56 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You should be covered by Florida workers compensation law. Consult a board certified Workers Comp lawyer that only represents claimants, not employers!
Answered on May 14th, 2015 at 1:27 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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When you are injured on the job, you are entitled to have your employers workers compensation insurer pay for your wage loss and medical treatment expenses. You should file a work comp claim for same. You have no personal injury claim, unless someone other than your employer was negligent and such negligence caused your injuries. If there is such a "3rd party", you may have a claim against them; however, if your injuries were not severe and have cleared up, the economics of pursuing such a claim may not make sense. You would want to run your situation by local counsel who regularly handles such claims for an opinion.
Answered on May 14th, 2015 at 9:03 AM
Lisa Hurtado McDonnell
You have four year from the time of the accident. Also you were hurt at work why didn't you file a workman's compensation case? You still can if you reported the injury to your employer.
Answered on May 14th, 2015 at 1:23 AM
If it was a workplace injury then it is part of the Workers' compensation system and not the civil court system. ?You would be able to recover all of your medical bills, medication costs, partial wage loss, travel to and from treatment. ?You have a year in which to make a claim, but the longer you wait the more the insurance company will doubt the claim. ?Was your employer aware of the injury and that it was at work; if so, they should have told you. ?You need to fill out a First Report of Work Injury form. ?If you have no residual impairment [returned entirely to pre-injury status] you may not need a WC attorney to represent you, but forst see how the WC insurance company treats your claim.
Answered on May 14th, 2015 at 1:15 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you were injured while working, you should file a worker's compensation claim. In Montana, you have 30 days to notify your employer that you were injured at work. You have one year to file a written claim for medical expenses and lost wages.
Answered on May 14th, 2015 at 1:06 AM
James Eugene Hasser
For an Alabama workers comp case, you have 2 years from the date of accident or last payment of comp, whichever is later, to file suit or you are forever barred from doing so. There is no time limit on making a medical claim, but as a practical matter, you need to make it asap. If there is a third party claim against a company other than your employer or someone other than a co-employee, you have 2 years from the date of the accident to file suit or you will be forever barred from doing so. Consider consulting an experienced comp lawyer familiar with third party liability cases in the workplace. Good luck.
Answered on May 13th, 2015 at 4:55 PM
Edwin K. Niles
Workers comp statute of limitation, 1 year. Negligence 2 years.
Answered on May 13th, 2015 at 4:05 PM
Thomas Edward Gates
Since it was a work place injury, you need to file an L&I claim.
Answered on May 13th, 2015 at 4:05 PM
Ronald A. Steinberg
No it is not too late. If you were injured on the job, it is your employer's responsibility to pay the medical bills and pay you a portion of your wages while you are unable to work. So you need a workers compensation lawyer to handle it for you.
Answered on May 13th, 2015 at 3:56 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Most workplace accidents are covered by workers compensation. You should consult with an attorney immediately to ascertain whether you have a case or not. There are certain statute of limitations. For personal injury, it is 2 years from the date of the accident. Workers compensation is one year. But call an attorney for a free consultation to discuss the incident and you can probably get an answer right away.
Answered on May 13th, 2015 at 3:02 PM
You have to file a worker's compensation case and you have one year from the date of the injury.
Answered on May 13th, 2015 at 3:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You most probably have a worker's compensation cause of action, confer with an attorney.
Answered on May 13th, 2015 at 2:44 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably not if you keep good records. Your remedy may be limited to Workers Compensation. Find a lawyer whose work s mainly WConline (you might try Avvo.com), or in the yellow pages. You might also want to consult a skilled personal injury lawyer. Good Luck.
Answered on May 13th, 2015 at 2:44 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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No, assuming your injury was in the last year and you can document your medical status (i.e., have records, copies of bills, etc.), you still are within the statute of limitations for a personal injury claim in California.
Answered on May 13th, 2015 at 2:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It isn't too late, but I don't understand why you would have paid for your medical bills yourself rather than filing for worker's comp. You can't sue your employer, and you may have an "election of remedies" problem, but you should at least try to get your money back, plus your loss of income (66.66%).
Answered on May 13th, 2015 at 2:39 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You mentioned that you spent the last three months recovering, but did not provide the date of accident. Normally, you have two years from the date of accident to file suit in non-work-related accidents (personal injury cases). However, you have three years from the date of accident to file an Application For Adjustment of Claim in a work-related accident. It is possible for you to file a claim even though you feel that the injuries are mostly gone, since you were injured in the accident.
Answered on May 13th, 2015 at 2:33 PM