What rights does my husband have if he was left a quadriplegic after a construction accident 21 years ago?

Question

My husband was working on a construction site and some sheets of plywood fell from the top deck of a $400,000 home, knocked him in the head and he was left a quadriplegic, never compensated after four years.

Melvin Franke · Answer

The statute of limitations has run out. Normally 5 yrs.

Stephen Lombardi · Answer

Why did you wait 21 years? Or did you already settle the case and   are now unhappy? I don't understand your question because you use two  different  time periods: 21 and 4 years. Which is it? I think you need to sit down  with a  lawyer to discuss the facts.

David Stoddard · Answer

Well, you say it happened 21 years ago, but later say there has been no compensation after 4 years.  He had a workers compensation claim against his employer, and if a third party that was not employed by the employer was negligent and caused the accident, he had a negligence claim against the third party.  He had a personal injury claim against the third party.  He had 2 years from the date of the accident to file a workers comp claim, and 3 years to file a 3rd party claim.  His only recourse, after 2 1 years, would be if he did file a claim years ago that was never settled.  It is possible if he asked for the employer to pay for medical treatment, that this would constitute a claim, and that he could still ask for benefits, but I doubt this would work after so much time.

George Gingo · Answer

I am not sure I understand the facts.  You say the accident was 21 years ago - way beyond the statute of limits to sue, but you also say he was "never compensated after 4 years.".  That makes no sense to me.  I need more facts.

Steven D. Dunnings · Answer

You're a little late with your question.

Ronald A. Steinberg · Answer

It is much too late to do anything now.  His only claim would be against his employer for workers compensation, or possibly against the general contractor of the work site for failing to keep reasonably safe common areas.  Both of the claims have Statutes of Limitations, and 21 years is just much too long.  Unless there is some information that you haven't told me, I think that your husband is just out of luck.

James Osak · Answer

You would have had to file a workman's comp. case with his employer at time of accident.  You might have had a lawsuit against the home owner, construction company or others. That would have had to have been filed within three (3) years of the accident.  You don't have a claim if it's been 21 years.  Check with a local attorney to reveiw ALL the facts however. Good luck.

Larry Klein · Answer

I am a little confused by your question because you say the accident happened 21 years ago and your husband was never compensated after four years.  There are two potential remedies available when someone gets injured on the job.  The first remedy is to make a worker's compensation claim against your husband's employer.  There are time limits that apply to making a worker's compensation claim and if those time limits are not complied with, the worker's compensation claim will be barred.  I do not handle worker's compensation cases so I do not know what the Statute of Limitations is for worker's compensation claims.  Therefore, I do not know if it is too late to make a worker's compensation claim.  I am just pointing out the potential problem.  You should check with a worker's compensation attorney.   The other potential claim that may be available when someone gets injured on the job is to make a third party claim against the person or company that may have been negligent for causing the injury assuming that person or company is not your husband's employer.  A third party case can not be filed against your husband's employer.  The remedies available against the employer are limited to worker's compensation remedies.  The problem with a potential third party case is that unless a lawsuit has already been filed against a responsible third party, that claim would be barred by the Statute of Limitations.  21 years ago the Statute of Limitations for personal injury cases against third parties arising from a workplace injury was one year from the date of the injury.  (A few years ago that was changed to two years).  That means a lawsuit would have had to have been filed within one year after the happening of the accident.  Since we are now 21 years after the accident, if no third party lawsuit was ever filed, it is now too late to file such a lawsuit.

Steven Shaw · Answer

As tragic as his circumstances are, the statute of limitations for injury in Washington is 3 years from the date of the injury.  Unless a special circumstance exists that waives or extends that statute, I don't believe you could make a claim.

Michael Yeksavich · Answer

I cannot believe he did not contact an attorney about his injuries.   If he did  nothing in court for four years he may well be barred.

Phong Thanh Tran · Answer

The statute of limitation for personal injury is usually 2 years.  He needs to consult with an attorney immediately.

Timothy Klisz · Answer

I don't understand if it was 4 years ago or 21?  It is a workers comp case for sure.

Dennis P. Mikko · Answer

From your question, it sounds like he received some compensation.  Was that in the form of worker's compensation?  If yes, why did it stop after 4 years?  If there was a redemption, then he would be barred from further worker's compensation claims.  As to any other personal injury claim, it appears that the statute of limitations has run but you might wish to consult with an attorney who could review the facts and make a better determination.

Michael Heilmann · Answer

IF the case is in suit, he can discuss it with his lawyer. If it is not in suit, he will have problems as the statute of limitations is three years.

David Hibbert · Answer

He should have been found to have catastrophic injuries from your description. If a claim was never made , then I'm afraid there is no relief other than Social Security disability. These are matters that are specific to your state.  It's likely too late for further compensation under workers compensation laws, however you should consult a Workers Compensation specialist in your state (or the state where he was living 21 years ago).

David Blain · Answer

Although it is difficult for me to answer your question without knowing all of the facts to your husband's specific case, it appears that since 21 years have elapsed since the date he sustained his injuries he will be time barred from bringing a claim.  Every civil lawsuit must be brought within a certain period of time and if it is not brought within that time frame, then the lawsuit is time barred. Generally speaking, an action for personal injuries must be brought within two years of the occurrence of the injury. This is a strict and harsh rule that says unless your husband brought his lawsuit to recover for his injuries sustained in the construction accident within two years of that date, his lawsuit will be time barred.  However, in California there is a judicially created rule that softens the harsh realities of the statute of limitations. This rule is known as the delayed discovery doctrine. Under this doctrine the statute of limitations does not begin to run until the person who was injured should have discovered or suspected the cause of his injuries. Unfortunately, this rule does not seem applicable to your husband's situation as it's quite obvious what caused or could have caused his injuries, i.e. the sheets of plywood that fell from the roof.

Andrew Velonis · Answer

Social Security Disability is the only resource I can think of.  In New York, the statute of limitations for liability arising out of a construction site accident is 3 years.  Comp claims must be filed within 2 years.  You do not offer any reason for asking this question 21 years after the fact.

Jeffrey Lapin · Answer

Based on the limited information you provided, I do not believe there is anything your husband can do to receive money for his injury. Because he was working, he would have a workers' compensation case. The statute of limitations for workers' compensation cases is two (2) years from either the date of injury or the date of the last payment by the employer or the employer's insurer, which is later. There are a couple of exceptions to this 2 year statute of limitations. However, I cannot answer whether they would apply based on the information provided. If a third party, not affiliated with your husband's employer at the time, is at fault, the statute of limitations against the third party is four (4) years from the date of the injury.  Unfortunately, if 21 years has passed since your husband's injury, the statute of limitations has expired on both a workers' compensation case and any case against a third party. Even if it has only been 4 years, as mentioned in the Question Detail, that is still beyond the statute of limitations.  Your husband may be entitled to Social Security Disability although his eligibility would depend on information not provided.  It does not seem fair that your husband will likely not be able to receive any money, either in workers' compensation or from a third-party. However, statute of limitations, while they can lead to harsh results, do serve a purpose.  You husband may want to consult with a workers compensation attorney to determine if there is any exception that may permit him to receive money for his devastating injuries.

Mark Leonardo · Answer

There is much information needed to be able to answer your question.  Not sure what you mean  after four years  yet the accident was 21 years ago.  You really need to get a free consultation from a personal injury attorney and a worker's compensation attorney to ascertain the rights where all of the details can be discussed.

Willie Stephen Graves · Answer

I'm terribly sorry for your husband's injury and the hardship it has caused. Unfortunately, the statute of limitations in most personal injury cases in Texas is two years, so it is unlikely that any recovery is possible at this point.

Ronald Lowry · Answer

At the outset let me say how sorry I am to hear about this. Was there a workers' compensation claim? There are many benefits associated with workers' comp that most people do not know about, including permanent partial disability. Also, it sounds to me like he would qualify for Social Security Disability. Finally, all states have some sort of statute of limitations including GA. If he had a liability claim against someone other than his employer that has somehow survived this long would be highly unlikely.

Thomas Edward Gates · Answer

I am sorry, but your question is not very clear as to when the accident occurred and any compensation that may have been provided after the accident.  For personal injury, there is a statute of limitation of 3 years from the date of the injury or discovery of the injury.  After this period, no claim may be made.

Mark Smith · Answer

Assuming your husband made a workers compensation there is no further   recourse. There is a 3 year statute of limitations to bring a lawsuit and if   your husband made a workers compensation claim that was it.

Donald Broad · Answer

It's a serious enough case that you should consult a personal injury attorney in your area.  However, if the accident happened 21 years ago, the statute of limitations has likely expired long ago.

Houston D. Smith III · Answer

Your post mentions 4 years ago and 21 years ago. The statute of limitations for personal injury in Georgia is two (2) years. So, as no suit was brought against any potential defendant within 2 years, there is likely nothing that can be done.

Douglas Rothschild · Answer

You both should meet with a personal injury lawyer, as well as a workers compensation lawyer, to see if you can make any kind of legal claim.

Brett Rosenthal · Answer

Workers comp claim maybe, but any personal injury claim would have lapsed 1 yr post accident at that time.

Bernard Huff · Answer

Your husband may be time-barred from seeking relief through litigation due to  the State's statute of limitation. However, he should at least consult with a  personal injury lawyer for specific legal advice to see what he still can do, if  anything, to seek relief for his permanent injuries from the construction accident several years ago.

Paul Whitfield · Answer

Don't understand. Hurt 21 years ago. Never compensated after 4 years. Can you explain please.

Gregory Crain · Answer

You husband can seek workmens compensation or sue for negligence.

Stuart Nachbar · Answer

Statute of limitations is two years in the state of NJ.  Not sure why he did   not have representation.

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What rights does my husband have if he was left a quadriplegic after a construction accident 21 years ago?

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