Has it been too long to file a personal injury or similar suit against my employer for an injury that happened 15 months ago at work?

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Has it been too long to file a personal injury or similar suit against my employer for an injury that happened 15 months ago at work?

Injured with deep 2nd degree burns to the hands while on the job. Management wrote an accident report then sent me to the hospital (in a taxi cab). The hospital treated me then sent me to a skin specialist that had taken me out of work for 3.5 weeks. Workers comp covered the doctor’s bills and paid for my time away from work. I’m now left with several visible scars the worst of which is located across the webbing between the pointer and middle finger and limits the amount of movement and spread I can achieve with that hand. The employer admitted fault. Do I have a case still?

Asked on May 9, 2012 under Personal Injury, New York

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

In Texas, you have two years from the date of the accident to file a lawsuit for personal injuries.  However, you might be barred from filing a claim anyway since this incident might have been covered under the Texas Workers Compensation Act.  If your employer was a "subscriber" to the Texas Workers Compensation Act, then your workers compensation benefits are your sole remedy against your employer.  Therefore, you cannot sue for more money unless you can prove that your employer was "grossly negligent" (which is extremely difficult to prove).  However, if your employer was a "nonsubscriber" to the Texas Workers Compensation Act, then you may still file a lawsuit against your employer, but your employer will get a credit for any benefits already paid.  You really need to consult with an attorney about this since your time limit is approaching.


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