Legal Question in Legal Malpractice in Virginia
Law suit on Work Comp Injury
Is there a lawsuit I can file against my company? I was injured at work and I did not take off because I was afraid of loosing my job and as a result of working with the injury I sustained major nerve damage. If I can file a law suit, please let me know what I can do. Also is there a statue of limitations?
2 Answers from Attorneys
Re: Law suit on Work Comp Injury
Sure, you can always sue(as almost anyone can for virtually anything under the sun, but would your proposed suit against your employer be likely to go anywhere, except out of court? No, because your remedy for this particular injurious circumstance lies within the area of law known as workman's compensation and not some still to be identified (by you) area of tort law.
You have two years from the date of your on the job injury to file your claim with the Workman's Compensation Commission.
Re: Law suit on Work Comp Injury
we need to know more...generally you cannot sue your employer, but there are instances where you can sue others...just depends, the statute of limitations is 2 years from the date of injury.