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Statue of limitation for Tennessee

Covington, TN |

My wife works for company x . This company has a union. There was a person that had staph infection that worked there. Company x did nothing to shield employees nor public my wife now has staph reoccurring since the incident happened in 2011. We did not know how go about this cause we aren't well to do people. My question is has limitations ran out on a law suit? Do we even have a case? Ty

Meaning we can't afford a lawyer therefore we are seeking advice is what we meant by well to do people.............. we've consulted with a lawyer and they said they couldn't do anything BUT said seek 2nd opinion if they "claim" nothing can be done why say "seek" 2nd opinion ???

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Attorney answers 5

Posted

It seems that your wife's claim against her employer for the staph infection would be governed by worker's compensation law which requires immediate notification. Did she report it immediately to the employer? Did she get medical care paid for by the employer?

Just based upon what you've written here, I would think that you've missed the statute of limitations.

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Asker

Posted

yes was reported to work and her union. no it was not paid for by them

Posted

The statute of limitations in TN is one year for personal injuries. This means you have one year from the date the injury occurred or the date you should have known the injury occurred to either settle your claim or have filed suit. It's not clear to me if you have a case against the union but regardless, if the SOL hasn't run yet, it's very close. You don't state when in 2011 but if it was anywhere but the very end of 2011 it appears your time has passed.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

Asker

Posted

Is staph a personal injury and isn't there gross negligence involved cause she has this the rest of her life and it disrupts our daily life let alone our sex life. And I'm very angry ..... I do believe it was near Nov 2011

Posted

You probably need to see a work comp lawyer.

Posted

you maay very well have a claim. but depending on what type of claim, the sol will have run. in TN the statute of limitations is one year from the date of injury or if a workers comp claim then one year from the date the insurance carrier last made a voluntary payment. if they never honored the claim then the date may be one year from the time she suffered the injury. if you will give me a call, i can further explore options for your wife. My number is 615-859-1996. thanks.

Posted

In Tennessee, the "Discovery Rule" applies to most statutes of limitation. In personal injury cases there is a one year statute of limitations for adults and application of the Discovery Rule means that your wife would have one year from the date she knew, or reasonably should have known about the existence of a claim. If she knew she had a potential claim in 2011, the statute of limitations has probably run, but if circumstances were such that she had no reason to be aware of her potential claim until 2012, there may still be a possibility of recovery, but you need to waste no time in consulting with a lawyer well versed in medical and employment litigation.

Any answer provided by John Lyndon Lowery is for general information purposes only and should not be relied upon as actual legal advice as facts not included in the question or answer may change the scenario and opinion offered by John Lyndon Lowery. The answering of a question or other online dialogue does not create an attorney-client relationship and unless a retainer agreement is signed by both a client and John Lyndon Lowery, no attorney-client relationship exists.

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