When I file my personal injury suit after a work injury do I have any limitations? How? 9 Answers as of September 02, 2015

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.

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James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim 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.
Answer Applies to: Alabama
Replied: 9/2/2015
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
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.
Answer Applies to: West Virginia
Replied: 9/2/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, you only have a workers compensation case. You cannot sue the boss for being stupid.
Answer Applies to: Michigan
Replied: 9/1/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
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.
Answer Applies to: Michigan
Replied: 9/1/2015
Ty Wilson Law | Ty Wilson
Unfortunately, Georgia legislature has passed the exclusive remedy law which basically states you can not file a personal injury suit against your employer only a workers compensation claim. With workers compensation claim you are not entitled to pain and suffering. You should speak with a Georgia workers compensation attorney and find out what your legal rights are. Good luck.
Answer Applies to: Georgia
Replied: 9/1/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    In Colorado, as long as your employer had Workers' Comp insurance, you may not bring a personal injury suit against him for injury at work - you may only file a Workers' Claim for Compensation with the Division of Workers' Comp. That's my area of specialty, if I can help.
    Answer Applies to: Colorado
    Replied: 9/1/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    1 year for workers comp; 2 years for negligence.
    Answer Applies to: California
    Replied: 9/1/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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.
    Answer Applies to: Illinois
    Replied: 9/1/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    A normal lawsuit has a 3 year of limitations. However, you can't sue your boss for a work related injury. You are relegate to a workmen's compensation claim and you have a 2 year statute of limitations for that.
    Answer Applies to: New York
    Replied: 9/1/2015
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