Legal Question in Personal Injury in Indiana

Statute of Limitation

I was severely injured due to an accident at a previous company. I asked for help in lifting heavy items and was told that if I could not do this then there was the door. I herniated 2 disks and caused a buldging disk in another. After 4 surgeries I am considered disabled and am only allowed to work by my Doctor becuase I can sit most of the day.

I found out that I will never be at even half efficientcy again, and I am considered disabled just at a year and a half ago. The original injury happend 8 years ago.

Can I go back against the original company for my loss of mobility. I fear that in another couple of years I am not going to be able to support myself weather I want to or not.

Thank you.

Asked on 11/10/03, 7:45 am

1 Answer from Attorneys

John Cook Dunn & Cook

Re: Statute of Limitation

The problem is that you were injured while working at your job. Indiana, like most other states provide that workers' compensation is the sole remedy for an employee injured at work.

This is amply illustrated by a recent incident here in Indianapolis that you may have read or heard about. A fire erupted in the back of an enclosed work van, which was carrying paint and solvents, as well as 13 painters. As a result of the fire, two or three painters died, and most of the rest were badly burned, which will result in months of painful skin grafts and other medical treatment. Moreover, many will probably have severe scars that that they will have to live with for the rest of their lives. Anyway, right after it happened several of the men sued the employer, but within a few weeks of the suit, their attorneys dismissed it, acknowledging that the payments allowed under Indiana's workers' compensation law was their sole remedy. Is this fair - no, of course not. However, at this point in time, an employer can be negligent, and if that negligence is the cause of an employee's injury, the employee is limited to the paltry amounts paid under the workmen's compensation statute.

Read more
Answered on 11/10/03, 8:54 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Indiana