What to do if I was injured 3 1/2 years ago due to the negligance of my immediate supervisor?
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What to do if I was injured 3 1/2 years ago due to the negligance of my immediate supervisor?
I have had 5 knee surgeries. The first surgery my ACL was put in at the wrong angle finally I believe I am fixed correctly. I may be going back to work in 6-8 weeks; I’ve been off for 16 months now. Do I have a personal injury case?
Asked on July 10, 2013 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Since you were injured on the job, you have a workers' compensation claim which it appears you have been pursuing. Workers' compensation is an alternative to filing a lawsuit for negligence against your employer for the negligence of the supervisor in a personal injury claim. Since workers's compensation is an alternative to filing a personal injury lawsuit, you can't pursue both. Another issue is that there is a two year statute of limitations in PA for filing a lawsuit in a personal injury case. Since the injury occurred 3 1/2 years ago, the statute of limitations has expired which would also bar that claim.
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