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

UPDATED: Sep 2, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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