How Long Do I Have to File a Work Injury Lawsuit?

Posted By Thomas F. Martin, PLC || 17-Aug-2015

When you want to file a work injury claim against a third party that may be responsible, other than your employer, you have two years from the day you were injured to act. Within those two years, you must file a Summons and Complaint against the third party at the Superior Court for personal injury. If the third party is a public entity, a special claim must be filed within six months.

When Can You File a Lawsuit?

Many people think that if they’ve been injured at work, their only means of compensation for their injuries is from the employer’s workers’ compensation insurance. Situations occur in which you may be entitled to more and can sue for damages caused by injuries and suffering.

You can file a lawsuit against a third party if your injury was caused by:

  • A defective product
  • Toxic substance
  • An employer’s intentional and egregious conduct

Although workers’ compensation does provide money and benefits to injured workers, temporary and permanent disability payments are quite low and don’t compensate for pain and suffering.

Filing Against an Employer

You can file a lawsuit against an employer only if they actively tried to hurt you. To do so, you must prove that your employer’s actions were done intentionally and certain to result in injury. For example, if you were in a fight with your employer and he or she pushed you which resulted in an injury, you could sue your employer for damages. If you have been injured intentionally by an employer, you have the same amount of time to file a lawsuit as any other injury.

Get Started With Your Claim

If you have been injured at work and workers’ compensation is not enough to cover your pain and suffering, our Orange County workers' compensation lawyer at Thomas F. Martin, PLC can help you during your work injury case.

Call (714)594-5389 today to get started our fill out an online form for a free case evaluation. Getting the assistance you need is just a phone call away!

Categories: Workers Compensation
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