How long do you have to take legal action on an employer when it was a workman’s comp case?

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How long do you have to take legal action on an employer when it was a workman’s comp case?

About 4 years ago one of my managers pulled a chair out from under me (he was showing off). I fell and injured my neck and wrist. I was treated for my injuries from their workman’s comp doctor. I still have numbness sometimes in my arm and wrist from the incident. Is it too late to sue them? Is there anything I can do? The manager that did this is still employed and makes my work life difficult. He is real buddy buddy with the store manager so he is protected.

Asked on September 2, 2011 under Employment Labor Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You cannot be fired out of retaliation; if you are, that gives you leave to sue. If he is making your work life difficult, you need to inform a lawyer and also consider filing a lawsuit for harassment. Consider talking to the Equal Employment Opportunity Commission, your state's department of labor and the U.S. Department of Labor. Talk to a lawyer immediately about a lawsuit or additional workers compensation claim because ultimately statutes of limitations often vary depending on the type of suit, when injury occurred, when aggravation of the injury occurred and what you have been doing to mitigate your damages. A lawyer well versed and experienced in workers compensation laws and harassment at the workplace can help you figure out which combination (if any) of claim you can bring and should bring and in what forum.


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