Legal Question in Personal Injury in Florida

No Subject

Can I sue my former employer three years later for an on the job injury that caused me to have surgery?


Asked on 1/19/07, 2:21 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: No Subject

Generally speaking, no -- you cannot sue your employer (former or not) for an on the job injury. Your rights are limited to those under worker's compensation -- which ain't much!

There are some (very few) exceptions to this rule, for instance, if the injury was because of the employer actually intended to hurt you. A very small empoloyer (I think it is less than5 empoyees) is not required to have work comp[ coverage . . . . but for the vast vast vast majority of on the job injuries, you are limited to work comp benefits. limitatio

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Answered on 1/20/07, 4:05 pm
Leonard Haberman Aronberg & Aronberg

Re: No Subject

Dear Sir/Ma'am:

Feel free to give me a call to discuss this issue. I would need to hear more from you about what happened in order to give you a proper answer to your question.

Len

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Answered on 1/19/07, 2:46 pm
Cameron Brumbelow Brumbelow Drechsel Law Group, P.A.

Re: No Subject

That question is a good bit more technical than you may think and it depends upon many things such as whether the injury was reported, whether you treated under workers' comp, whether the employer had actual notice of the injury, whether the statute of limitations has been tolled or is now blown, whether the industrial accident is the "main" cause of your need for surgery or just a cause, whether you settled the case or never filed the case, whether you knew the accident was work related at the time it occurred, etc. and so on and so on. I am in Tampa, but you should contact a claimant's attorney in the Orlando area immediately for a detailed consultation. Most firms will consult with you for free.

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Answered on 1/19/07, 2:51 pm


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