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
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.
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.
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.
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.
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