QUESTION
When I file my personal injury suit after a work injury do I have any limitations? How?
Asked on Sep 01st, 2015 on Personal Injury - Illinois
More details to this question:
Do I have to file my claim under a certain amount of time if I lost my finger while working on a car in the auto shop I work at? My boss, who was working with me, was not paying attention when he was working the engine crane, and was who caused the accident. He was not paying attention, and was negligent.
6 ANSWERS
James Eugene Hasser
Your exclusive claim for an on the job injury is for workers' compensation benefits. You have 2 years from the date of the accident to bring it or you will be forever barred. There is no time limit on a claim for medical benefits. There are exceptions to the exclusivity provisions of the law that may allow you to sue outside of the Comp Act for additional damages. Consider consulting an experienced workers' comp lawyer. Good luck.
Answered on Sep 02nd, 2015 at 10:26 AM
You only have two years from the date of the injury to file a lawsuit. The earlier you start the process, the better. As time goes on, evidence and witnesses can become more difficult or even impossible to locate. It would be in your best interest to contact a National Board Certified Trial Lawyer in WV for a free case evaluation. In West Virginia, tort reform has made recovery for the truly injured much more difficult, but if it can be proved that your employer placed you in harm's way then you may be eligible for more than Worker's Compensation. Most personal injury attorneys will represent clients on a contingency fee basis, meaning the lawyer is paid only when you receive money from your case with nothing paid by you up front.
Answered on Sep 02nd, 2015 at 7:54 AM
Ronald A. Steinberg
Under Michigan law, you only have a workers compensation case. You cannot sue the boss for being stupid.
Answered on Sep 01st, 2015 at 8:24 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In MI you typically only receive Workers Compensation from any on the job injury. Typically you may NOT sue your employer, or a co-employee, for an on the job injury, even if they were negligent. Certain narrow exceptions to that general rule exist, so you may be well served by consulting local counsel who regularly handles such cases so your specific facts can be examined.
Answered on Sep 01st, 2015 at 8:06 PM
Edwin K. Niles
1 year for workers comp; 2 years for negligence.
Answered on Sep 01st, 2015 at 6:14 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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There is a two-year statute of limitations for a non-work-related injury in Illinois. However, there is a three-year statute of limitations for work injuries. It would be important to review your case to see who you could make a claim against and what your time limit is. Thank you for your email.
Answered on Sep 01st, 2015 at 5:59 PM