Legal Question in Personal Injury in Minnesota
Post Tramatic Stress
I was the victim of an assault and kidnapping due to my employers negligence in 1987. Since then I've been suffering from what therapists have called Post Tramatic Stress Syndrome. Do I have any recourse against my employer for their negligence resulting in a symptom that I will never recover from.
2 Answers from Attorneys
Re: Post Tramatic Stress
It appears from your question that you are looking to sue your employer for negligence. The statute of limitations for a negligence claim is six years from the incident.
However, if the assault and kidnapping occurred while you were within the course and scope of your employment, you have a workers' compensation claim. Conceivably, the PTSD could be a compensable injury under the workers' compensation act, if it is linked to the assault/injuries, etc.
Please feel free to contact me if you have additional questions.
Donald W. Kohler
(651) 426-1869
In order to know whether
Re: Post Tramatic Stress
Most injuries occuring as a result of the negligence of your employer allows workers compensation as the only rememdy. If you received workers compensation benefits as a result of this assault the workers comp insurance company would be responsible for additional medical benefits or wage loss. You may only bring a claim against your employer if you can show what amounts to gross negligence. This is a difficult thing to prove.
I would suggest that you immediatly contact an attorney handling worker's compensation matters to discuss this matter with.
My office is not representing you on this or any other matter. Because there are time limits to bring a claim I would recommend that you act immediatly to talk to an attorney in person about this matter.
Good luck.