Can you take legal action on a previous employer after 6 years?

I worked for UPS; I was a supervisor at the time. An employee accidently ran over my foot during a pre-shift meeting with a small forklift. I was out of work for 7-8 months. I was harrassed at the time I was out for when I would be back and once I came back it got worse that I got another job with a company where I currently work. The accident broke my ankle in 2 places so I needed surgery and screws. It’s been almost 7 years and I’ve had some minor pain from time to time. Now it is constant. I never took legal action. I am married with 2 young children I am worried that this will effect my current job as a production supervisor. I dont want to have to take an early retirement for this injury I am worried for my future. Can I take legal action now or is it too late?

Asked on June 24, 2012 under Employment Labor Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

As to your workers compensation action , the statute of limitation ( the time limit ) has expired.  You are too late. In Pennsylvania, you cannot sue an employer or coemployee for negligence. The Workers Compensation Act prohibits that. When the work injury happened 7 years ago, you had a Workers Compensation claim for your accident-related medical bills and your work disability. While totally disabled, your employer's insurer would have paid 2/3 of your  average weekly wage. You could not sue your coemployee for " pain & suffering ".

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