Legal Question in Personal Injury in Massachusetts
personal injury/workers comp
I was injured at work back in Sept of 1995. I was attacked by a client when working in a Mentally Retarded Group home. I experienced seizures and temporary mental illness as result of head trauma. I spent 4 days in the hospital and 3 weeks in the Mental Center. I had suffered through severe anxiety and could not return to work for many months. I received major medical complications and great financial distress. I was not a good advocate for myself, my family obtained a lawyer and sued for workers comp. It took over a year to get the ridiciously small amount of money. For many years I thought I was in the clear, except for mild anxiety. In Feb of 2001, I had a reoccurance of seizures and mental illness, along with the addition of permanant minor right sided weakness.I resigned from my career and sought out less stressful employment. Although, I have been in fair health over the past couple of years, I will always have the constant worry that I could experience problems in the future, I remain on psychiatric medication and I will never be the same. I have never received even as much as a concerned letter from that employer. My questions are can I sue now? Can I sue the home owners insurance? What about the 2nd occurance of injury?
2 Answers from Attorneys
Re: personal injury/workers comp
The Statute of Limitations probably bars all of your claims. The statute sets a time limit for suing.
Re: personal injury/workers comp
Worker's comp is designed to remove from the courts lawsuits against employers for work-related injuries. You'll have to dealw ith any inadequacies there. But, i agree, chances are the SOL has run on your case,--but you can check and see whether the appeals period is over or wther there might be a procedural defect in what was done to re-open your case. In any event, you need to spend time with a specialist in worker's comp.
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