How long do I have to file a work related injury lawsuit? 13 Answers as of February 04, 2014

On November 07, 2013 at approximately 10:30 pm, I tripped and fell over a thin, black piece of wire that was being used to secure a portable restroom on a gas drilling site while employed as Water Truck Drive for a separately contracted company. I am currently receiving workers compensation through my employers insurance, however this fall resulted in a broken wrist, which I am currently receiving physical therapy to restore full function in, and lost wages. Can I file a lawsuit against the company responsible for the placement of these wires and/or the gas drilling company for not correcting the problem?

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LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You have one year to file a claim for worker's compensation benefits. You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 2/4/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
1-year S/L for workers comp; 2-year S/L for suit against the other company.
Answer Applies to: California
Replied: 2/4/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If that company was your employer, no. If it wasn't, yes. But the worker's compensation insurance would be entitled to be reimbursed for what it has paid. It may not be worth it to you in the long run.
Answer Applies to: Idaho
Replied: 1/31/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes. You have 2 years from the date of the accident to file suit in Alabama.
Answer Applies to: Alabama
Replied: 1/31/2014
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
You seem to be asking at least two different questions. As far as a work-related injury lawsuit, you have three years from the date written on your last weekly workers' compensation check to file a workers' compensation claim. If somebody other than your employer was responsible for negligently creating a dangerous condition, you would have a potential personal injury lawsuit, which must be filed within two years of the date of injury.
Answer Applies to: Iowa
Replied: 1/31/2014
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    You may very well have a claim for negligence against the other companies. Your Workers Comp. carrier wold welcome you pursuing those claim because part of the damages you would seek to recover would be to compensate the carrier, in part, for its payments. In Florida, you have 4 years from the date of the accident to file this law suit. You should consult with your attorney for more.
    Answer Applies to: Florida
    Replied: 1/31/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Absolutely. In fact you have an obligation to do so. Find an experienced Personal Injury attorney on Law QA who is familiar with these claims.
    Answer Applies to: Illinois
    Replied: 1/31/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, you can and you should. In NY you have 3 years, but why wait? I don't know what state you are in, but find out the statute of limitations in your state and engage an experienced personal injury lawyer in your locality. Don't try this on your own, there are too many tricks and traps that will cause problems.
    Answer Applies to: New York
    Replied: 1/31/2014
    Law Offices of George H. Shers | George H. Shers
    You have two years from the date of the accident to sue for personal injuries if you were in California.
    Answer Applies to: California
    Replied: 1/31/2014
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    You would have three years from the incident date. But, don't wait. That can result in lost documents, witnesses and other evidence. Also, the less time a lawyer has to investigate, the less willing to take the case. This likely can be pursued, as you were not on your employer's property, the dangerous condition was placed by someone not your employer, it was in a common area, etc. This should definitely be investigated.
    Answer Applies to: Michigan
    Replied: 1/31/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Generally the application must be filed within one year of your injury. If you have not done so far you may have a good personal injury claim where you can claim pain and suffering. In workers comp. you only get payment based on your disability rating /no and suffering.
    Answer Applies to: California
    Replied: 1/31/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You may have a case against installer. You should contact an attorney to discuss facts.
    Answer Applies to: New York
    Replied: 1/30/2014
    Kenneth L. LaBore, ESQ.
    Kenneth L. LaBore, ESQ. | Kenneth LaBore
    You would be entitled to bring a 3rd party claim against the liable party who created the hazard. You would need may need to pay back some work comp benefits. I would be willing to discuss the case. Do you have any photos of wire? Best of luck.
    Answer Applies to: Minnesota
    Replied: 1/30/2014
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