Can I still sue my employer for an old injury? 21 Answers as of June 02, 2013

In 2001 I worked for a major plant nursery chain that stressed the maximum weight one is to carry alone without assistance. This was stressed via videos and the like during training. The manager made me lift items that were beyond that limit or I would lose my position and in 2003 I had to have back surgery because of it. I did not know that I could sue at that point. Is it too late at this point for recourse?

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Probably not because the statute of limitations in a workers compensation case is two years after the injury or three years after receipt of weekly indemnity benefits, whichever is longer.
Answer Applies to: Iowa
Replied: 12/27/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You could not sue before and you can't now. You cannot sue your employer because your only remedy is Worker's Comp. You must file a comp claim within 2 years of the injury.
Answer Applies to: New York
Replied: 12/21/2011
Goodman & Goodman PA | Bruce Elliott Goodman
You can not sue an employer for an injury only file a Workers Compensation Claim. However, if your injury occurred in 2003 and you did not file a claim as of yet. It would be beyond the statute of limitations for this claim. Ignorance of your rights alone would not toll the limitations period.
Answer Applies to: Maryland
Replied: 12/21/2011
Steven Harrell, Attorney at Law | Waymon Steven Harrell
No. The stature of limitations for workers' comp claims in Georgia is one year.
Answer Applies to: Georgia
Replied: 12/20/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Unfortunately, yes, way too late. You would have been stuck with worker's compensation anyway as you cannot sue your employer. Sorry.
Answer Applies to: New York
Replied: 12/20/2011
    Harvath Law Offices | Michael T. Harvath
    Assuming your employer carried workers' compensation insurance, they are legally required to file a notice of your injury with the state, if they were aware that your injury occurred. Typically, a Claim for Compensation must be filed within 2 years of the date of injury or from the last time the employer made a payment of your medical bills, or for time missed from work. In limited situations, if the employer knew about your injury, but did not file a report to the state, it may potentially be possible to have an extension of the time for filing your claim and seeking reimbursement of all medical bills. You could potentially have a personal injury claim for negligence also (depending on the specific facts), but the time deadline for filing is 5 years in Missouri, except under limited circumstances. I would highly recommend consulting with an attorney to review the facts in more detail, to make an assessment of whether one of the legal exceptions applies where you may still be able to obtain compensation for your injury. All of the relevant dates, such as when you were diagnosed, when you were injured, etc..., are extremely important and need to be reviewed by a workers' compensation attorney.
    Answer Applies to: Missouri
    Replied: 12/20/2011
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Based on the "Detail" provided you likely cannot sue your employer for your back injury. There is a two year statute of limitations for workers compensation claims, which means that either you must have an agreement with the employer or a lawsuit must be on file within 2 years from your injury or your case is time barred and you cannot receive any money. From the information you provided, it does not appear that the employer paid any workers' compensation benefits so one of the ways the statute of limitation can be extended would not apply. There is another exception that extends this 2 statute of limitations period. If you provided "notice" to your employer that you had a work-related injury at or very near the time of your injury and the employer failed to file the required report to the Nebraska Workers Compensation Court, then the statute of limitations does not start until the employer files this report. (See Nebraska Revised Statute 48-144.04). The "notice" about your injured must either be in writing or sufficient enough, based on "a reasonable person" standard, to let the employer know that you might have a work-related injury that they may need to investigate. It is unclear from the information provided in your message whether you provided any notice to the employer so it is unclear whether this exception would apply. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
    Answer Applies to: Nebraska
    Replied: 12/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Your only remedy was Workers Compensation.
    Answer Applies to: New York
    Replied: 12/20/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    In general, the recourse employees have for on-the-job injuries is through Worker's Compensation. See also RCW 51 ( ). You might as well make a claim.
    Answer Applies to: Washington
    Replied: 12/19/2011
    Its probably too late. You generally only have 1 year to file a workers compensation case in GA /or/ one year from when the Employer last provided you with medical care relating to the injury.
    Answer Applies to: Georgia
    Replied: 12/19/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    First, your could not sue in court for this as your exclusive remedy against your employer for this type accident is in worker's compensation, regardless of whether the employer's actions contributed to the accident. If you could sue in court, it is too late as there would be a three years statute of limitation. If you have not already brought a worker's compensation claim, it is too late for this also as there is a two year statute of limitation.
    Answer Applies to: South Carolina
    Replied: 12/19/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Comp claims need to be reported promptly and certainly within a year. The statute of limitations would bar you from claiming.
    Answer Applies to: North Carolina
    Replied: 12/19/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You have waited too long to file a claim, however, if you reaggravate the injury at a new job, you should file a new claim.
    Answer Applies to: Montana
    Replied: 12/19/2011
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana you may sue for a tort claim within one year of any accident, or one year of when you "knew or should have known" about a claim. Your claim for damages would have prescribed (passed the date at which it could be sued upon) quite some time ago. Further, you could not actually have "sued" your boss or your workplace, but instead would only have had a worker's compensation claim. The only exception is for an "intentional act," and asking you to lift too much would probably not be deemed "intentional" to the point of attempting to injure you.
    Answer Applies to: Louisiana
    Replied: 12/19/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If you were an employee of the company, you had two years to file a worker's compensation claim. It would have been difficult to establish facts necessary to bring a claim outside of the worker's compensation system. In any event, there is a three-year statute of limitations within which a suit must be filed for the typical claim like this.
    Answer Applies to: North Carolina
    Replied: 12/19/2011
    Tucker Griffin Barnes, PC | Yvonne T. Griffin
    ou need to consult a workers' compensation attorney. Generally speaking, an injury at work is only compensable through workers' compensation. Your employer must be put on notice of the injury within a specified period. Most workers' compensation claims must be made within two years of the date of the injury.
    Answer Applies to: Virginia
    Replied: 12/19/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Yes, it is too late.
    Answer Applies to: Virginia
    Replied: 6/2/2013
    The Carlile Law Firm, LLP
    The Carlile Law Firm, LLP | D. Scott Carlile
    Yes. The time limit to sue is 2 years in Texas.
    Answer Applies to: Texas
    Replied: 12/19/2011
    Law Office of Michael Stern | Michael Stern
    First of all, in Vermont, you can't sue your employer, unless they intentionally harmed you. It would be a work comp claim. If your employer is still in business and has work comp insurance, I would bring a claim, depending on when you had surgery and more importantly that the surgery was related to the work related injury. If it was too long ago, the statue of limitations has probably run and you are out of luck.
    Answer Applies to: Vermont
    Replied: 12/19/2011
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