Can I file a lawsuit for my personal injury? 34 Answers as of February 17, 2012

The answer is: Maybe. You cannot file a lawsuit against your employer. However if someone else - either a property owner if you were off-site, or a co-employee-i.e. a "third party" was also at fault, then you may be able to bring a lawsuit against them.

Probably not. There is a three statute of limitation and you can't sue coworkers or your employer.

Yes, you can file a lawsuit in addition to a workers' compensation claim but under certain circumstances - it depends upon who or what caused the injury. If your situation allows for the lawsuit, the statute of limitations for personal injury cases in New Jersey is two years from the date of the incident, assuming that you were 18 years or older on the date of the injury. If you were younger than 18 at the time, then the last day you can file a lawsuit is/was on your 20th birthday.

It is unlikely that you will be able to file a personal injury lawsuit. That is only possible under very rare circumstances where your injury resulted from an "intentional act" done by the employer. You may be able to settle your workers compensation claim however and get a lump sum settlement.

If the injuries are all job related, you are limited to filing under the workman's compensation rules.

WC is your only remedy.

Generally, personal injuries have a 2 year statute of limitations, and it sounds like you are outside that window. There may be an exception depending on your circumstances that could allow a personal injury suit, but in any event you should contact a personal injury attorney to guide you.

The time to file a lawsuit has probably expired. Most suits must be filed within 3 years. Also, if you are covered by WC you may be limited to those benefits unless you can show the injury was the fault of a third party.

Worker's Compensation from the Department of Labor and Industries is intended to be the sole remedy for injuries on the job. RCW 51 (http://apps.leg.wa.gov/RCW/default.aspx?Cite=51). If there were 3rd parties (not your employer) who were negligent and caused your injuries, then it is sometimes possible to pursue actions against those 3rd parties. If that is the case, you should retain an attorney to work on it for you.

Unless there is another entity besides your employer or fellow employee that caused this accident (an outside entity that we can say was negligent), you cannot sue for pain and suffering. Worker's compensation is the only thing available because you were hurt on the job. However, given the severity of your injuries, you may be able to lump sum your case and you can receive what is called a lump sum settlement. It also takes into account permanency. Your medicals stay open forever.

Generally, you cannot sue your employer for the personal injury, as work comp is the only remedy available against them. You generally can sue other parties at fault besides your employer, but in Indiana, you would have had to file suit within two years of the incident that caused your injuries. It appears you may very well be outside the statute of limitations, depending upon the State in which you reside. You should consult a personal injury attorney in your area to determine if you can still pursue a claim or not.

In Utah, the statute of limitations for personal injury (negligence) is 4 years. If you were injured 3.5 years ago you should find out for sure what your rights are, as soon as possible. If you were injured on the job, workers compensation will cover any injuries caused by the employer, co-employees, or yourself. If your injury was caused by the negligence of a third-party, then you would have a claim against that third-party.

You can file a personal injury claim in conjunction/addition to a WC claim if your injury was the result of some third parties' negligence. However, in most instances in Colorado, you would have either a 1, 2 or 3 year statute of limitations governing such a claim. This means that you have that amount of time, from the time of your injury, in which to file your claim with the court. If you don't, you lose your rights to do so. Unfortunately, if there was a negligent third party who caused your injuries, it may be too late.

Assuming that this is Massachusetts, you can file a lawsuit against someone else who may have been resposnsible (other than the company), but you only have three years from the date of accident. However, it may be possible to try to settle your workers' compensation claim and file for SSDI.

You would only be allowed to bring a personal injury claim against a third party who contributed to your accident, such as an injury from a dangerously designed piece of equipment may give rise to a claim against the equipment manufacturer. However, even if a third party perhaps contributed to your injury it is no longer possible to bring a personal injury claim because of the length of time that has passed. In Colorado you must file your personal injury claim within two years of your accident or lose your right to do so.

You probably can only seek relief for your work-related unjuries underyour State's worker's compensation laws. If you have any permanent impairments, you should make sure that you obtaincompensation for them also in your worker's compensation case and settlement.

Typically, you can only sue for personal injury against an entity that is not your employer. So if you were hurt at work and it was part of your scope of employment and it is not the fault of someone other than your employer or their employees, you're probably out of luck. Also, the statute of limitations in NY is typically 3 years from the date of injury so you have time issues too. Go see a personal injury or worker's compensation attorney for a better explanation.

That depends on whether there is third-party, independent of the employer, who was responsible for your injuries.

Maybe, but it's impossible to tell without more facts. Missouri workers compensation is the exclusive remedy for work-related injuries. However, if a coworker was negligent, if you were hurt on someone else's property while performing your job or in automobile wreck while working, you may be able to pursue a personal injury lawsuit. You should speak to a qualified injury attorney immediately. There are statutes of limitation which will bar a claim that is not timely filed. Likewise, a claim for workers compensation will have a deadline as well. Don't assume that just because you are receiving workers compensation benefits means that a formal claim has been filed.

Barring extraordinary circumstances in which you can demonstrate that your employer intended to injure you, or extremely reckless behavior of a co-worker caused your injury, your only opportunity to sue would be as to a third-party - someone other than a co-worker or your employer - whose negligence caused the injury. Unfortunately, even if there were a potentially liable third-party, the Statute of Limitations for personal injury claims in North Carolina is three (3) years, and it appears as though your injury may have occurred more than three years ago. To ensure you are receiving all the benefits to which you are entitled under the workers' compensation system, you should consult with an attorney who practices workers' compensation.

It depends. If you were injured as a result of a defective product or 3rd party negligence, you should file suit, if it's not too late. If there was no defective product and no 3rd party negligence, WC is your sole remedy. You should have discussed this with your attorney when you were injured. Many people wait until they are ready to settle a case before they hire an attorney. This is very foolish. Your attorney will make sure you receive everything you are entitled to, all through your case. Whether you hire them, the day you are injured or the day before you settle, the fee remains the same.

Perhaps. It depends upon the circumstances of the injury, and whether or not a 3rd party was at least partially responsible.

Unfortunately, workers compensation is your exclusive remedy if you suffered an injury on the job and there is no third party liability. Third party liability meaning someone other than a co-worker or employer was responsible for your injury. Even if there was some third party liability your legal right of recovery would be lost if no action has been taken 3 years post injury. In Louisiana, you have one year from the date of the incident to file suit against the tortfeasor.