5 years ago, I worked for a company that build their own movable catwalk system. I stepped onto on and it fell. I landed on my feet but injured my back. The safety supervisor was called and did not come. He told me to come to him. I could not get up or breath very well. The ass. production Manager Came and called the safety super and told him to come now. I talked to the safety guy and explained the pain in my back. He said, "you probably just pulled a mussel". He told me it would take 5-6 weeks for it to heal. I continued to hurt and talk to him. after 5 weeks I insisted he take me to the Dr. Turns out I had a compression fracture. I have continued to have problems and am now going to have to have surgery because of a bad disk. can I pursue a claim from that company?
Georgia statute of limitations for personal injury actions is 2 years from the date of injury. If you were injured 5 years ago, it appears your claim is barred by the statute of limitations. In some situations the discovery rule applies such that the statue does not run until one knows or should know that he was injured by another party's negligence. At first blush, it does not appear the discovery rule applies in your case. However, I do not feel comfortable making a conclusive statement in this regard without more facts. You should consult a Georgia personal injury attorney.
Separately, there is the issue whether you can pursue a civil lawsuit against your employer. I would want more information regarding your employment status. If you were indeed an employee, your exclusive remedy may be worker's compensation. However, again I do not feel comfortable rendering an opinion regarding your employment status without more information.
Finally, separate and apart from the possible claim against your employer, you may have a claim against a third party, For example, if any equipment you were using was defective and it contributed to your injury you may have a claim against the manufacturer of such equipment. However, all this is moot if your claim is barred by the statue of limitations.
None of us out here in computerland can answer your question because we do not know the procedural background in your case. Notices may or may not have been filed on your behalf regarding a workers compensation claim. However, if you are serious about this, you will make an appointment today, now, before you do anything else with an experienced workers compensation attorney nearby. If you "don't have time", then forget about having a claim.
5 years ago you should have contacted a workers compensation attorney to assist you.Call one now and see if they can help.What you describe is a workers compensation claim.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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